PEOPLES’ RIGHTS IN PERIPHERALS Lumad Rights in the Last 18 months of President Aquino III
This book is dedicated to all the Lumad leaders and community members who fell in the course of asserting rights to their ancestral domain and to a self-determined sustainable development.
Contents of this book may be quoted from or copied so long as the source/authors are acknowledged. ‘Higala sa Lumad’ Network, RMP-NMR and the ‘Healing the Hurt’ Project partners do not guarantee that the information contained in this book is appropriate to every possible circumstances and shall not be held liable for any damage incurred as a result of its use. The images used in this publication are published with the consent of the people in the photos. Copy of this book is available online: www.rmp-nmr.org www.miils.org About the cover: A Matigsalug woman of Sitio Malungon, Kalagangan, San Fernando, Bukidnon. Photo: Pauline Villanueva Writers: Mary Louise G. Dumas, Atty. Czarina Golda S. Musni, Sr. Ma. Famita N. Somogod, MSM Lay-out: Kerima T. Acosta Photos: Winbel Mordino M. Visitacion, Gary Ben S. Villocino, Pauline M. Villanueva, Myles C. Albasin This report is produced by the ‘Higala sa Lumad’ Network, an informal Lumad rights monitoring network and support group established by RMP-NMR Inc and partners under the ‘Healing the Hurt’ Project. This book has been published with support from the European Union. The contents of this publication are the sole responsibility of RMP-NMR Inc and the ‘Healing the Hurt’ project partners and can in no way be taken to reflect the views of the European Union Publisher: Rural Missionaries of the Philippines Northern Mindanao Sub-Region (RMP-NMR), Inc Office address: Room 310, 3rd Floor, Diocesan Centrum Salvador Lluch St, Poblacion 9200 Iligan City Philippines T/F: +63 (63) 303 1595 Mobile: +63 917 590 8804 E:
[email protected] W: www.rmp-nmr.org Follow us on Twitter: @rmpnmr Like us on Facebook: @rmpnmr.inc ISBN: 978-971-95500-3-7
PEOPLES’ RIGHTS IN PERIPHERALS Lumad Rights in the Last 18 months of President Aquino III
‘Higala sa Lumad’ Network July 2016
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“Indigenous Peoples 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, in particular that based on their indigenous origin or identity.” -- Article 2, United Nations Declaration on the Rights of Indigenous Peoples
LIST OF ABBREVIATIONS
CADT
Certificate of Ancestral Domain Title
CAFGU
Citizen’s Armed Forces Geographical Unit
CALT CARHRIHL
Certificate of Ancestral Land Title
CARP
Comprehensive Agrarian Reform Program
CHDF
Civilian Home Defense Force
COPD
Community Organizing for Peace and Development
DILG
Department of Interior and Local Government
EJK/EJKs
Extra-judicial killing/Extra-judicial killings
FPIC
Free, Prior and Informed Consent
HtH
‘Healing the Hurt’ Project
ILO
International Labour Organization
IP/IPs
Indigenous People/Indigenous Peoples
IPRA
Indigenous Peoples’ Rights Act
IPSP
Internal Peace and Security Plan
KLM
Katungod Lumad Monitor
LGU
Local Government Unit
NPA
New People’s Army
NCIP
National Commission on Indigenous Peoples
NIPAR
New Indigenous Peoples’ Army for Reform
NIPAS
National Integrated Protected Areas System
Comprehensive Agreement on Respect for Human Rights and International Humanitarian Law
OHCHR
Office of the United Nations High Commissioner for Human Rights
PANAMIN
Presidential Assistant on National Minorities
RMP-NMR, Inc Rural Missionaries of the Philippines-Northern Mindanao Sub-Region, Inc SANMATRIDA San Fernando Matigsalug Tribal Datus Association TINDOGA
Tribal Indigenous Oppressed Group Association
UNGA
United Nations General Assembly
UPR
Universal Periodic Review
UNDRIP
United Nations Declaration on the Rights of Indigenous Peoples
WIN
Whole of Nation Initiative
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TABLE OF CONTENTS
Foreword
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PART1: The Indigenous Peoples, the Lumad and the UNDRIP
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The Indigenous Peoples .................................................................................... 14 The Lumad ......................................................................................................... 15 The UNDRIP ....................................................................................................... 19
PART 2: Assessing Lumad Rights
The Right of the Lumad to Their Territories ................................................... Right to Life: Protection as Civilians ................................................................ Discrimination in Public Services .................................................................... The Right to Self-Governance and Self Determination; Access to Justice ....
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PART 3: Recommendations for State Action
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End Notes
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Annexes
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United Nations Declaration on the Rights of Indigenous Peoples ................ 50 Summary of extra-judicial killings of Indigenous Peoples in Mindanao ........ 61 Summary of forcible evacuation and displacement of Indigenous Peoples in Mindanao .................................................................................. 65
Photo Captions 69
Foreword This report assesses the rights of the Indigenous Peoples of Mindanao—the Lumad1 —under the last one and a half years of the administration of Pres. Benigno Simeon C. Aquino III whose term ended on June 30, 2016. This report is produced by the ‘Higala sa Lumad’ Network, an informal Lumad rights monitoring network and support group established by RMP-NMR Inc and partners under the ‘Healing the Hurt’ Project. The project is aimed at contributing to the advancement of the rights and continued development of indigenous peoples consistent with the spirit and letters of the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP). Most of the data analyzed and presented in this report has been gathered through the ‘Higala sa Lumad’ Network’s labyrinth of community-based Indigenous Peoples’ rights monitors, the ‘Katungod Lumad’ Monitors. These data had been previously released as urgent alerts or as fact sheets communicated to different local and international human rights organizations and networks from December 22, 2014 up to June 30, 2016. Other data were supplied by KARAPATAN (Alliance for the Advancement of People’s Rights) chapters from various parts of Mindanao, PASAKA and the Save Our Schools (SOS) Network, and from various online sources. The information was then analyzed using IP rights as lens. Part of this report has been submitted to the Office of the United Nations High Commissioner for Human Rights (OHCHR) for the Universal Periodic Review (UPR) of the Philippines. This report has been published with support from the European Union.
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Lumad Rights in the last 18 months of President Aquino III
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PART 1:
The Indigenous Peoples, the Lumad and the UNDRIP
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The Indigenous Peoples
There is no universally-agreed description, and there is still an on-going debate on the precise definition of Indigenous Peoples is still on-going. Indigenous Peoples have argued against the adoption of a formal definition at the international level, stressing the need for flexibility and for respecting the desire and the right of each Indigenous People to define themselves2. The Martinez Cobo Study provided the most widely cited ‘working definition’ of Indigenous Peoples:
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PEOPLES’ RIGHTS IN PERIPHERALS
Indigenous communities, peoples and nations are those which, having 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 on those territories, or parts of them. They form at present non-dominant sectors of society and are determined to preserve, develop and transmit to future generations their ancestral territories, and their ethnic identity, as the basis of their continued existence as peoples in accordance with their own cultural patterns, social institutions and legal system3. According to the ILO Convention No. 169, Indigenous Peoples are lineage of populations “which inhabited a country or geographical region during the conquest or colonization or the establishment of present state boundaries” and “retain some or all their own social, economic, cultural and political institutions.”4 While not providing a definition, the Chairperson-Rapporteur of the Working Group on Indigenous Populations has listed the following factors that have been considered relevant to the understanding of the concept of “indigenous”: (a) Priority in time, with respect to the occupation and use of a specific territory; (b) The voluntary perpetuation of cultural distinctiveness, which may include the aspects of language, social organization, religion and spiritual values, modes of production, laws and institutions; (c) Self-identification, as well as recognition by other groups, or by State authorities, as a distinct collectivity; and (d) An experience of subjugation, marginalization, dispossession, exclusion or discrimination, whether or not these conditions persist.5 The Chairperson-Rapporteur stressed that these factors do not, and cannot, constitute a comprehensive definition and that it may not be desirable to derive a more precise definition of Indigenous Peoples but rather ensure that there is room for the reasonable evolution and regional specificity of the concept of “indigenous” in practice.6 The Lumad Lumad (“born of the earth”) is the Visayan term for “native” or “indigenous”. The same term has been coined and claimed by indigenous rights advocates and the Lumad themselves since the late ‘70s to collectively refer to the non-Christian and non-Muslim Indigenous Peoples of Mindanao. According to the investigative report, “Ethnocide: Is It Real?” released by the Media Mindanao News Service, the Lumads are the original inhabitants of Mindanao.7
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Lumad (‘born of the earth’) is the Visayan term for ‘native’ or ‘indigenous.’ The same term has been coined and claimed by indigenous rights advocates and Lumads themselves since the late ‘70s to collectively refer to the non-Christian and non-Muslim Indigenous Peoples of Mindanao.
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The book, “Breaking Point: Defining Contradictions between Indigenous Customary Laws and State Law and Reasserting Lumad Self-Identity” published by Kalumaran in 2013 narrates: As early as the 1900s, sporadic struggles and resistance were waged by different indigenous tribes of Mindanao against the American colonizers. These eventually gained ground and mustered broader support from the other tribes and the Moro people. By 1970s, because of the continued land grabbing and human rights violations committed against indigenous communities, the 18 ethnolinguistic tribes of Mindanao have bonded themselves and engaged in various forms of resistance and struggle.8 The same book furthers: Lumad resistance and struggle have evolved and strengthened as the Indigenous Peoples relentlessly engage in actions in defense of their territories and boundaries being encroached on, their natural resources that are being wantonly plundered, their customary laws that are undermined and their self-sufficient economy that is being impinged on by the global capitalist economic system. The systematic attacks against Lumads further unite the indigenous groups and indigenous rights advocates in advancing their struggle for their right to self-determination.9
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The term “Lumad” is short for “Katawhang Lumad” or indigenous peoples officially adopted by the delegates of the Lumad Mindanao Peoples Federation founding assembly on 26 June 1986 in Kidapawan, North Cotabato.10 The birth of the organization trailblazed the campaign in defending the Lumad’s right to ancestral domain and to self-determination. Since then, the term Lumad has been used as an expression of unity among the diverse ethnolinguistic communities in Mindanao, fighting as one in the defense of their rights especially to their ancestral domains. Over the years, Lumad leaders were recorded to have been killed by members of the Armed Forces of the Philippines and other state agents as a response to the unified campaign of Lumad communities against government atrocities.11 The Lumad is composed of 18 ethnolinguistic tribes: Ata Manobo, Bagobo, Banwaon, B’laan, Bukidnon, Dibabawon, Higaonon, Mamanwa, Mandaya, Mangguwangan, Manobo, Mansaka, Matigsalog, Subanen, Tagakaolo, T’boli, Teduary and Ubo. They constitute roughly 10% of the population of Mindanao.12
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Stewards of Mindanao’s remaining lands and forests, the Lumad have been subjected to centuries of brutal and painful history in defending their lands. They have gone a systematic policy of driving them out of Mindanao in where they are now a minority. Often pictured as kinkyhaired individuals, they are regarded as second-class citizens, whose legitimate struggle for land and the environment fall on deaf ears, dismissed as just plain nuisance or, worse, as a mere criminal act, or an act against the state. They suffered violence in the name of pacification so that the resources on their land can be utilized not for their benefit but for entrenched political and economic interests of the past colonial rulers. They have been marginalized with the right to self-determination denied, and their traditional culture subdued. Beyond their territories, discrimination and exclusion confront them thereby narrowing their choices.
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The UNDRIP The UN Declaration on the Rights of Indigenous Peoples (UNDRIP) provides a universal framework for efforts to advance Indigenous Peoples’ rights. It was adopted by the United Nations General Assembly (UNGA) in 2007. Together with other human rights instruments and growing human rights jurisprudence concerning Indigenous Peoples, the Declaration contains crucial guidance and a minimum standard for the recognition and respect for Indigenous Peoples’ Rights.13 The Declaration14 outlines the universally-recognized rights of Indigenous Peoples, and includes articles on equality and non-discrimination, cultural integrity and collective rights; selfdetermination, autonomy, and participation, consultation and consent; and land, territories and resources, development with identity, and redress and compensation.
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They suffered violence in the name of pacification so that the resources on their land can be utilized not for their benefit but for entrenched political and economic interests of the past colonial rulers
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PART 2:
Assessing Lumad rights The Right of the Lumad to Their Territories
The land is at the core of the Indigenous Peoples. Their identity, their cultural, political and economic activities are rooted in the land they have been living on for generations. The forests are their source of food, medicine, their daily needs. Traditional production is based on their natural environment – when the rain falls, that is when they plant; when the creeks flood, that is when they catch certain fishes; when the young of the forest animals have matured, that is when they hunt. Their belief systems and cultural practices come from their environment as well. Their dances follow the movements of the birds, their rituals follow the cycles of the cropping seasons, and their decisions are influenced by the movement of nature around them. They are one with their land. In the UNDRIP, this right to ancestral land – and the resources within – is specifically upheld in articles 25, 26, 8 and 10. These provisions are, however, repeatedly violated in the ancestral lands of the indigenous communities in Mindanao.
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Philippine legislation has allowed the legal displacement of the Lumad from their territories. Among the laws are the National Integrated Protected Areas System (NIPAS), the Mining Act, the LGU Code of 1991, and the presidential decrees that ordered the allotment of reservations of ancestral lands for state universities or state reserves. Foremost among them, however, is unfortunately the Indigenous Peoples’ Rights Act (IPRA)15. Years of struggle forced legislators to draft a law that would look into the rights of Indigenous Peoples. This took the form of the IPRA, which, unfortunately, has several loopholes that have been used to make the law work against the Indigenous Peoples. Under the IPRA, the National Commission on Indigenous Peoples (NCIP) is mandated to oversee the concerns of the Lumad. Among their mandates are to facilitate the land tenure instrument crafted for ancestral domains – the provision of the Certificate of Ancestral Domain Title (CADT)– and the facilitation of the Free Prior and Informed Consent (FPIC), a process designed to respect the Indigenous Peoples’ right to self-governance and self-determination. Article 25 of the UNDRIP specifically acknowledges the Indigenous Peoples’ traditional responsibility of keeping the land that had been tilled by their forefathers intact for the future more generations of their communities. The article states, “Indigenous Peoples have the right to maintain and strengthen their distinctive spiritual relationship with their traditionally owned or otherwise occupied and used lands, territories, waters and coastal seas and other resources and to uphold their responsibilities to future generations in this regard.” This, however, is not given weight in getting the consent of indigenous communities for projects in their lands. To get the consent of the peoples from the past, the present and the future, rituals take time – can take years. But similar to other streamlined business processes, securing of community consent is given a short timeframe. Cases in Mindanao show that securing the FPIC had simply equaled to getting a document from CADT-holders. This is problematic as there are still communities who have not secured titles for their lands, either unaware of the law or refusing to be tied to this law. The latter communities believe that the CADT limits indigenous communities – in their concept of ownership, their concept of domain. Articles 8 and 28 of the UNDRIP stipulate for a mechanism that would help indigenous peoples get just compensation for or re-access their usurped lands. However, despite the existing IPRA Law, it is still difficult for indigenous communities to claim their lands especially if these are within the interests of companies.
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Land is at the core of the Indigenous Peoples. Their identity, their cultural, political and economic activities are rooted in the land they have been living on for generations.
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Who Owns the Land? In the municipality of Quezon in the Province of Bukidnon, the ManoboPulangion had occupied the territory, originally called Kiokong, in the past. Kiokong lies along the river Pulangi, thus the identification of the Manobos living there as ‘Pulangion.’ During the time of colonization, their lands were ‘borrowed’ – with no fee whatsoever – from their forefathers by settlers who set up ranches. In the present time, the municipality is broken into several barangays. What is left for the Manobo-Pulangion to reclaim are non-contiguous lands. Their previous territory is now interspersed with plantations and private properties. The National Commission on Indigenous Peoples released a CADT in 1998 to the Quezon Manobo Tribal Association (QUEMTRAS). However, as Datu16 Ensubay and many other of his people later found out, the Ancestral Domain was not for the entire Manobo-Pulangion. Datu Ensubay had lived in the domain for eight years until he was informed that he was only borrowing the land he was living on as Bae17 Lataran, one of the head claimants of the CADT, will appropriate the land for other uses. Bae Lataran later leased it out to a pineapple plantation. In 2011, Datu Ensubay and his family moved to another CADT whose head claimant was his aunt, Bae Kayang Agdahan. However, the land was also leased out to non-indigenous individuals and they could be driven out anytime. Datu Ensubay, together with seven other clan leaders without lands, eventually formed the Tribal Indigenous Oppressed Group Association (TINDOGA) to apply for a CADT previously occupied by a ranch and whose lease had already expired. The ranch is owned by the Montalvan family, which traces its roots to Spanish colonizers, and had been last managed by Pablo Lorenzo.18
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The struggle of TINDOGA is an example of the indigenous communities’ difficulty of competing with capital interests. In March 2013, TINDOGA members attempted to enter their claimed ancestral domain. However, they were shot at and driven away by the ranch guards. In February 2014, they staged a camp-out at the municipal office of Quezon, Bukidnon. This resulted to a survey of their lands and their temporary installation19. It was only the following year that they were officially given their CADT. However, the ranch guards would still, from time to time, enter their lands and indiscriminately fire at them while they are working on their farms.20
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This unresolved incident was the start of a string of other killings perpetrated by the paramilitary group over the years. The group would threaten or kill anyone who was against them. Salusad also declared all who were against them and were generally against mining as members of the New People’s Army (NPA).
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In contrast to the plight of TINDOGA is the story of the Sinangguyan agrarian reform beneficiaries’ case21 wherein the local government was allegedly supporting an indigenous group in their move to reclaim their land that had already been distributed to small farmers through the Comprehensive Agrarian Reform Program (CARP). In one fact-finding mission, it was revealed that the Manobo clan of the Aboy-Daguiwaas was accompanied with private guards who destroyed the houses of the farmers and forcefully installed the clan in the area. It is of note, however, that the Aboy-Daguiwaas clan had already reclaimed part of their ancestral domain earlier but had leased out the land to Lapanday Foods Corporation. The prospect of companies entering local government jurisdictions is lucrative. Incentives are not only for the government taxes, but are also given to local politicians. This has resulted into incidences where the forced elimination of resistance from the community is directly instigated by members of local government units themselves who look to gain upon a company’s entrance. In the case of the forced entry of A. Brown’s oil palm plantation in Opol, Misamis Oriental, factfinding missions conducted by different groups have shown that the direct perpetrators of human rights violations are barangay council members. In December 2013, witnesses saw how Rolen Langala, an active member of Pangalasag, a Higaonon organization, was killed by barangay councilor Nestor Bahian in front of many people during a village celebration. Bahian had reportedly stopped Langala, who was about to go home, and asked him, “What is your problem? Are you brave?” Langala answered, “We don’t have a problem. We only fight back when we are attacked.” Bahian’s companion, Ramil Salban, then stabbed Langala after which Bahian himself shot Langala twice. On another level, head applicants of the CADT are the only ones who need to sign documents allowing for projects to get into their ancestral lands supossedly collectively owned by the
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community. This procedure has been exploited by companies, going through amenable indigenous groups to access their lands. It has resulted in factions within indigenous communities. The killing of Datu Jimmy Liguyon in 2012 by a paramilitary group—the New Indigenous Peoples’ Army for Reform (NIPAR)—is an example of these factions among indigenous leaders. He was, according to his family, being forced by NIPAR to sign documents allowing the inclusion of the community he leads to be part of the development plan of the San Fernando Matigsalug Tribal Datus Association (SANMATRIDA), which would bring in a large-scale mining company in the Manobo-Matigsalug community of San Fernando, Bukidnon22 . NIPAR leaders were allegedly part of SANMATRIDA23 . Since Datu Jimmy continued to refuse and instead joined protest actions against mining, he was killed. This was also the statement of Alde Salusad as told by witnesses. The case had already been brought to the national government offices. With the help of then DILG Sec. Jesse Robredo, a warrant of arrest had been released for the head of the paramilitary group, Alde Salusad. Until now, however, the warrant has not been served, the state forces reasoning that the paramilitary group was either too powerful or difficult to track. It must be noted that the father of Alde Salusad, Benjamin ‘Nonong’ Salusad, is himself a member of the Citizen Armed Force Geographical Unit (CAFGU) under the 8th Infantry Battalion of the Philippine Army. This unresolved incident was the start of a string of other killings perpetrated by the paramilitary group over the years. The group would threaten or kill anyone who was against them. Salusad also declared all who were against them and were generally against mining as members of the New People’s Army (NPA), insisting that they are legitimate targets in counter-insurgency operations of the military in which Salusad and his men also take part in. To date, Salusad and his men have killed at least four individuals – two of them indigenous leaders, strafed an entire community, and caused two major evacuations.
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Right to Life: Protection as Civilians Article 30 of UNDRIP provides: 1. Military activities shall not take place in the lands or territories of indigenous peoples, unless justified by a relevant public interest or otherwise freely agreed with or requested by the indigenous peoples concerned. 2. States shall undertake effective consultations with the Indigenous Peoples concerned, through appropriate procedures and in particular through their representative institutions, prior to using their lands or territories for military activities. Military operations should be known – and given consent to – by the community. The Philippine military should first prove that there are indeed rebel activities in the ancestral lands before they can enter – should they use the premise that it is for the nation’s security. However, in the monitoring report of the ‘Higala sa Lumad’ Network, the Indigenous Peoples are put on the defensive, they are the ones who are burdened with the task of proving that they are not guilty of any form of rebellion. Because of military operations, the activities – economic and cultural – of the Lumad in their own ancestral domain have been limited. The military operations have hindered the IPs from going to their farms, disrupting their cultural practices, fearing they would be accused of being members of the NPA. Three members of the Higaonon community in Claveria, Misamis Oriental, for instance, were held by the military overnight on September 28, 2015. According to their accounts, they were gathering orchids in the forest, which is one of their sources of income, when a group from the 58th Infantry Battalion doing operations passed by them. They were hogtied, interrogated, and beaten overnight, forced to give information on the whereabouts of the NPA. The three were released after they signed a document they were not able to read24 .
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No Value for Life In December 2014, village captain and traditional leader Datu Necasio ‘Angis’ Precioso Sr. was killed by suspected members of a paramilitary group working with the 26th Infantry Battalion of the Philippine Army in San Luis, Agusan del Sur. Prior to his death, Datu Angis had been in an argument with M/Sgt. Andres Villaganas after the military called for members of the Banwaon community for interrogation. During the interrogation, Villaganas accused them of supporting the NPA. Datu Angis defended them and stated his opposition of the further recruitment of their community members under the COPD28 . The resistance of the Banwaon of San Luis, Agusan del Sur under the Tagdumahan organization has been historically consistent. They did not join their neighbors and kin in the government drive to recruit them to the Civilian Home Defense Force (CHDF), the Lumad recruitment facilitated by the government institution, PANAMIN (Presidential Assistant on National Minority). When the military, officially under Col. Noble, and later on as a renegade group under the same commander, had killed several indigenous and non-indigenous individuals in the province, Banwaon leaders who had refused to be under the leaders of the PANAMIN decided to fight back, activating their bagani forces. This is a concrete expression of the Lumad tradition of taking up arms in defense of lands and rights. Not only were they resisting against the callousness of the military – they were also registering their opposition to the logging concessions that had started operations in their ancestral lands without their approval. They operated in the same areas where units of the communist-led NPA were also active. Both the Bagani and the NPA then became the identified enemies of the military and their auxiliary groups. This identification is carried on today even after the Banwaon had sat in peace to talk with the companies and had reached amicable agreements. The bagani warriors, traditionally active only when there is a threat to their community, had also reintegrated in their communities. They did not surrender to the military through the program of the government for the NPA rebels. They were, after all, warriors of their community and were acting in the interest of protecting their people. The organization of Tagdumahan was established after the community decided they needed an unarmed force to defend them. However, their position regarding the protection of their ancestral lands and the consequent refusal to submit under any leadership that wishes to open up their natural resources to large-scale extractive operations has resulted in their continued subjection to military harassments.
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On April 27, 2016, 27 armed men, who introduced themselves as members of the Philippine Military, arrived in the Talaandig community of Sitio Kaulayanan, Lirongan, Talakag, Bukidnon. Some of them went to the house of Michael Sib-ot, demanding that he surrender the guns he allegedly kept. Scared, Michael ran out of his house, but he was killed. Other members of the military also opened fire and killed a 6-year old child, Edjan Talian, when he arrived after fetching water. Another set of military men went to the house of Romel Talian and also forced him to surrender his allegedly kept guns. The military left the community bringing with them Romel Talian and the relatives of Edjan. They wanted the mother and grandmother of Edjan to sign a settlement, which they refused. They also pressured the mother of Romel to force her son to sign a statement saying he was the one who shot Edjan and Michael. In the Whole of Nation Initiative (WIN) briefing of the Philippine Army, they have stated that 74% of the NPA members are indigenous persons25. This has given the military a mindset that the Lumad they meet during their operations are NPA. This effectively robbed the indigenous individuals protection against attacks of military operations – including violence perpetrated by military auxiliaries and paramilitary groups. The Geneva Conventions and its Protocols stipulate that in situations of armed conflicts - of either international or non-international character - a distinction must be made between civilians and fighters. Civilians are never legitimate target for shooting and doing so is a war crime. It is also considered a war crime if a party to a hostility is using civilians as defense shields. In another incident in August, 2015, five members of the Manobo community in Barangay Mendis, Pangantucan, Bukidnon were massacred. The military, who had earlier encountered members of the NPA retreated to the nearest house of a Manobo family. There, they ordered all the inhabitants, who were then cooking corn, to go out. They were all shot, including a blind 70year old man, Datu Herminio Samia. Samia’s grandson was the lone survivor, having ran as soon as the military started killing his relatives26. In the press statement of the military, all of them were members of the NPA - including the blind man and the sole survivor, a child. In the Internal Peace and Security Plan (NISP), the Oplan Bayanihan27 enlists the participation of civilians in maintaining peace in their communities supposedly under the Community Organizing for Peace and Development (COPD). However, this has become forced especially among the Lumad communities which the military and its auxiliary units (both formal and unrecognized) have accused of being supporters of the NPA.
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According to the ‘Higala sa Lumad’ Network, there were 28 cases of extra-judicial killings (EJKs) that victimized 37 IP leaders and community members in the last one and a half years of the Aquino administration. Of these cases, 20 were attributed to land or resource conflicts and killing of IP leaders in the context of Oplan Bayanihan counterinsurgency program29. Indigenous leaders and community members were killed in the process of peacefully campaigning in defense of their ancestral domains. They were allegedly killed either by paramilitary groups supporting the entry of investment projects in their territories, or by believed-to-be state agents. Others were civilians killed in the course of military operations in indigenous communities.
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INFOGRAPHIC 1
INFOGRAPHIC 2
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INFOGRAPHIC 3
INFOGRAPHIC 4
Lumad Rights in the last 18 months of President Aquino III
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INFOGRAPHIC 5
INFOGRAPHIC 6
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Because of the repeated occurrence of human rights violations in times of military operations, entire communities have repeatedly left their homes whenever they see troops in their ancestral domain. ‘Higala sa Lumad’ Network has listed 21 cases of forced evacuation and displacement mainly due to military operations under Oplan Bayanihan, affecting 2,360 families or 13,187 individuals30. Evacuations effectively remove the Lumad from their territory, and consequently, from their livelihood, spiritual and cultural centers, and from all of their resources.
INFOGRAPHIC 7
INFOGRAPHIC 8
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Despite the income projected from the companies operating in their ancestral lands, they are the least served by the local government units and agencies.
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Discrimination in public services The discrimination of the Lumad communities has affected their access to social services – health, education, infrastructures. Despite the income projected from the companies operating in their ancestral lands, they are the least served by the local government units and agencies. Moreover, the Philippine justice system is not accommodating to the Lumad. In some cases, they are not admitted into government offices simply because they are not properly dressed – i.e. no shoes, dirty clothes31. Often, they need non-government organizations or volunteer individuals to help them navigate around government establishments. The Lumad seldom receive services at evacuation camps set up in the middle of urban centers, usually in front of local government establishments. Instead of addressing the problem of the evacuees – often the presence of paramilitary groups in their communities – they view the evacuees as the problems. Instead of extending services, government establishments pressure the evacuees to leave – not giving them access to nearby toilets, giving minimal support if at all, and even bribing them with payment just to force them to go back to their dangerous communities32.
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There are many remote indigenous communities that are still not reached by public educational institutions.
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The government has also implemented a cash transfer program, which gives incentives to the indigenous families to put their children to school and for the women to avail of the services of the health centers. However, there are no support provisions that made these services more accessible to the indigenous communities. The health budget, even with yearly increments, is not enough. The government planned to hire and deploy 1,192 rural doctors, 15,000 nurses, and 3,000 midwives for 201633. They, however, would cater to around 50 million34 people in the rural areas. In the field of education, despite the increase in budget, there are many remote indigenous communities that are still not reached by public educational institutions. Alternative learning centers requested by indigenous communities are not protected by the state and are in some cases attacked allegedly by state forces or paramilitary groups. some cases attacked allegedly by state forces or paramilitary groups. Case in point, in southern Mindanao, 24 primary and secondary schools operated by the Salugpungan Ta Tanu Igkanugon Community Learning Center and the Mindanao Interfaith Services Foundation were summoned to be closed-down on May 2015 due to lack of accreditation with the Department of Education35. On the other hand, RMP-NMR’s administrative and teaching staff in its network of literacy and numeracy schools for the Lumad were repeatedly harassed and intimidated to force them to stop providing services to indigenous children. RMP-NMR schools supervisor Melissa Comiso and parateacher Daniel Lampusay were slapped with trumped-up charges on various occasions, and school personnel Krystal Malaya Salbigsal and Rhema Acenas complained of digital harassment and physical surveillance36.
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Education at Gun Point In the evening of August 31, 2015, a paramilitary group, referred to by the Manobo community as the Magahat-Bagani, forced residents of Kilometer 16, Brgy. Han-ayan in Lianga, Surigao del Sur to gather at their community center. At roughly four in the morning, community leaders Dionel Campos and Datu Bello Sinzo were gunned down in front of the entire community. The paramilitary group, allegedly backed by state forces, has been harassing the community for years, accusing the residents of supporting the New People’s Army. They, with the military, have repeatedly occupied the Alternative Learning Center for Agricultural and Livelihood Development (ALCADEV), an awarded alternative learning center supported by the community. They allege that the school is a training of the NPA. After the public execution of their leaders, members of the community who went looking for Emerito Samarca, executive director of ALCADEV, found him lifeless in one of the classrooms, hogtied and with his throat slit. The killings resulted in the longest evacuation of the community. They left their homes right after the killing and to date, they have not been able to safely go home. The community has, over the years, repeatedly evacuated to the center of Lianga or even to the far city of Tandag because of the persistent threat of the Magahat-Bagani and the military operations. They sought help from the government, demanding the pull-out of military troops from their community, and the disbandment and disarming of the paramilitary group. But despite what became an almost yearly occurrence of evacuation, the government failed to act on their plight. While in evacuation, the residents are forced to make do with what they are able to raise from support groups, unable to till their farms. Their cultural and spiritual activities are either conducted on cemented grounds instead of their sacred sites, or are not conducted at all. The education of the children is disrupted, sometimes the lessons continued in makeshift classrooms – the teachers and students of ALCADEV always having been part of the evacuating community – or classes are altogether halted. The ALCADEV, financially supported by the Belgian Non-Government Organization, New World, follows a curriculum built on indigenous knowledge systems. It uses the community’s language, and has a special course on agriculture, the main livelihood of the community. The initiators of the school worked for the establishment of the institution because most of the children from their community were not able to afford to go to the nearest public institutions tens of kilometers away from them. They shaped an educational program that catered to the needs of the community and at the same time equip the children against any factor that might want to erode their culture and traditional systems.
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The Right to Self-Governance and Self-Determination; Access to Justice The DILG released a memorandum37 pursuant to the provision under the IPRA’s Implementing Rules and Regulations for a mandatory representative from the indigenous communities in all policymaking bodies and in local legislative councils. While the allocation of seats for Indigenous Peoples in local governments is positive, the effectiveness of their representation is questionable. In Misamis Oriental, traditional indigenous leaders in the province questioned the appointment of the first provincial mandatory representative. According to their letter of complaint to the provincial government38, the selfnominated mandatory representative had committed atrocious rights violations against IP communities in Claveria, Misamis Oriental. Moreover, the datus of other municipalities39 were not informed of his election. Only those who had been reached by the NCIP were able to cast their vote or give their endorsement. This system of the appointment of the mandatory representative is also prone to the cooptation of traditional leaders. They could aspire to be elected as a representative and thus put the interest of the individuals in power over the interest of his or her people. Through the patronage system in Philippine politics, politicians could use their influence for the appointment of their supported candidates for the mandatory representative position. There is also the danger of the forced mediation of mandatory representatives who do not necessarily represent the interests of the communities. The case of Balangas Anlamit, a Manobo datu who was killed during a military operation in San Fernando, Bukidnon, was settled by Nonong Salusad, a member of the CAFGU40. For the death of Anlamit, the military paid the family a horse. In the case of the Pangantucan massacre, the mandatory representative of Pangantucan tried to arrange with the military. The family, however, refused to negotiate. In the report of the ‘Higala sa Lumad’ Network, 7 of the reported 37 victims of EJKs in the last one and a half years of Aquino’s administration are datus. The killing of a datu is a clear evidence that traditional political structures are not respected by paramilitary groups, and unfortunately, by even state forces. A Datu, the term for the traditional leader of a Lumad community, is a respected individual, important in their spiritual, cultural and political activities. A datu is the community’s head, adviser, and a key individual in their decision-making processes. No matter the rank of the datu, the killing affects the community, even at the basic level of sowing fear. In the Pangantucan massacre, one of the victims, Datu Intabol, was the second highest ranking datu and was therefore a very important figure in the community. He, with one of his sons, was a member of the tribal elders who are consulted for the major decisions in the community.
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“
A Datu, the term for the traditional leader of a Lumad community, is a respected individual, important in their spiritual, cultural and political activities. A datu is the community’s head, adviser, and important in their decision-making processes.
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PART 3:
Recommendations for state action 1. Revoke legislations that have been used against the indigenous communities – notable of all, the IPRA of 1997 and replace this with a law that genuinely recognizes the rights of indigenous peoples especially their right to self-determination. 2. Conduct investigations of all unresolved cases, especially the extra-judicial killings, with the participation of civil society and Indigenous Peoples’ organizations and communities. Suspend military officials involved or accused of involvement in human rights abuses for the duration of the investigation and until his or her name is cleared or is dealt with an appropriate punishment. 3. Pull out state forces from indigenous communities, and secure the communities’ FPIC when conducting military operations. 4. Disband, disarm and arrest leaders and members of paramilitary groups. Forbid companies to secure the services of investment defense forces or private militias in ensuring their operations in ancestral domains. 5. Respect the Comprehensive Agreement on the Respect for Human Rights and International Humanitarian Law (CARHRIHL) and other international laws that ensure the protection of civilians in situations of armed conflicts. 6. Democratize consultation with indigenous communities in all decision-making bodies from the local to the national levels, not limiting their representation to mandatory representatives in government units. This should especially be done in the drafting of economic plans that have impact on their ancestral domains. 7. Respect traditional governance systems already established in communities instead of allotting token spaces in the Philippine government system. 8. Respect the Indigenous Peoples’ land rights by giving them priority rights over their ancestral domains regardless of their possession of a CADT or CALT. 9. Government agencies should give special consideration for Lumad clientele, the access/ complaint forms and administrative bureaucracies made simpler (such as in filing cases, complaints, demand of benefits, etc.). Government should ensure that services reach Lumad areas and are enjoyed by the Indigenous Peoples in these remote areas. These should include education, health facilities, agricultural extension, and other relevant services. 10. Faithful compliance of the state to international standards with regards to the respect of Indigenous Peoples’ rights, the Philippines being one of the signatories to the UNDRIP.
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End Notes
The collective term used for the indigenous peoples of Mindanao. Asia Pacific Forum in National Human Rights Institutions/Office of the United Nations High Commissioner for Human Rights. “The United Nations Declaration on the Rights of Indigenous Peoples: A Manual for National Human Rights Intsitutions.” August 2013. p6. 3 Ibid. 4 Article 1 (1). 5 E/CN.4/Sub.2/AC.4/1996/2, para. 69. 6 Ibid, para 70. 7 Pacificar, Gilbert/Sanchez-Obenza, June. “Breaking Point: Defining Contradictions between Indigenous Customary Laws and State Law and Reasserting Lumad Self-Identity”. Kalumaran. 2013. 1 2
Ibid. ibid. 10 Panalipdan Mindanao/Initiatives for Peace in Mindanao/Rural Missionaries of the Philippines. “Undermining Patrimony: The Large-Scale Mining Plunder in Mindanao”. November 2014. 11 Pacificar, Gilbert/Sanchez-Obenza, June. “Breaking Point: Defining Contradictions between Indigenous Customary Laws and State Law and Reasserting Lumad Self-Identity”. Kalumaran. 2013. 12 Panalipdan Mindanao/Initiatives for Peace in Mindanao/Rural Missionaries of the Philippines. “Undermining Patrimony: The Large-Scale Mining Plunder in Mindanao”. November 2014. 13 Asia Pacific Forum in National Human Rights Institutions/Office of the United Nations High Commissioner for Human Rights. “The United Nations Declaration on the Rights of Indigenous Peoples: A Manual for National Human Rights Intsitutions.” August 2013. p iii. 14 See Annex 1: Copy of the UNDRIP. 15 Republic Act No. 8371 ‘An Act to Recognize, Protect and Promote the Rights of Indigenous Cultural Communities/ Indigenous Peoples, Creating a National Commission on Indigenous Peoples, Establishing Implementing Mechanisms, Appropriating Funds Therefor, and for Other Purposes’. 15 Datu is the titular respect given to traditional – meaning, elected according to their customary law and formally given the assignation through a ritual – male leaders in indigenous communities. 16 Bae is the titular respect given to traditional female leaders in indigenous communities. 17 Rural Missionaries of the Philippines – Northern Mindanao Sub-region, Inc. Tracing Roots, Asserting Claims: The history of the Manobo-Pulangion and TINDOGA and its claim to its ancestral domain. July 2014. 18 Ibid. 19 ‘Higala sa Lumad’ Network. Katungod Lumad Alert: ‘Blue Guards harass TINDOGA members once more’. 12 June 2016. 20 REAP Mindanao Network. ‘Mission Report: In Defense of Sinaguuyan’. Accessed from: http://rmpnmr.org/sites/default/files/downloads/sinangguyanwebLRes.pdf. April 2016. 8
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Ina Alleco Silverio. Killed indigenous leader Jimmy Liguyon’s family continue fight for justice. Accessed from: http://bulatlat.com/main/2012/04/19/killed-indigenous-leader-jimmy-liguyonsfamily-continue-fight-for-justice/ on 19 September 2016. 23 H. Marcos C. Mordeno. Paramilitary group accused of harassing sitio folk in Bukidnon town. Accessed from: http://www.mindanews.com/top-stories/2012/03/paramilitary-group-accused-ofharassing-sitio-folk-in-bukidnon-town/ on 19 September 2016. 24 ‘Higala sa Lumad’ Network. Katungod Lumad Monitor Factsheet: ‘Evacuation and Displacement in Claveria, Misamis Oriental’. 30 September 2015. 25 Powerpoint presentation on the Whole of Nation Initiative available at http://www.interaksyon. com/assets/documents/WNI%20and%20Serbisyo%20Carava_Brief%20(sdc%20xi%20presentation_ Dr%20%20(1).pdf. 26 RMP-NMR, Inc. ‘Fact-Finding Mission Report on the Pangantucan Massacre’. Accessed from: http:// rmp-nmr.org/downloads/2015/09/08/fact-finding-mission-report-pangantucan-massacre. September 2015. 27 Internal Peace and Security Plan of the Armed Forces of the Philippines implemented under the government of former President Benigno Aquino III. 28 ‘Higala sa Lumad’ Network. Katungod Lumad Monitor Factsheet: ‘Death of Necasio ‘Angis’ Precioso, Sr’. 25 September 2014. 22
See Annex 2: Summary of extrajudicial killings of indigenous peoples in Mindanao. See Annex 3: Summary of forcible evacuation and displacement of indigenous peoples in Mindanao 31 From the media statement of Pigyayungaan (an indigenous peoples’ organization in Malaybalay City, Bukidnon) against the Kaamulan celebrations while a Talaandig community has set-up camp in front of the Provincial Capitol Grounds. The statement cited the difficulty of getting even a police blotter for the killing of the Talaandig members because they relatives of the victims were not allowed into the government offices for wearing inappropriate clothes. 32 Statement of Unity of the evacuees (English version) at http://www.rmp-nmr.org/ articles/2016/06/16/statement-unity-evacuees-camansi-and-tapol. 33 ‘DOH record buget for 2016 will let it spend P100 million more daily’ available at http:// cnnphilippines.com/news/2015/08/02/DOH-record-budget-for-2016-will-let-it-spend-P100-millionmore-daily.html. 34 The Philippine Statistics Authority puts the rural population at 50.5 million as of 2010. Report available at https://psa.gov.ph/content/urban-barangays-philippines-based-2010-cph. 35 ‘Higala sa Lumad’ Network. IPHR Databank: ‘Summary of threat, harassment, and intimidation cases against indigenous peoples in Mindanao.’ June 2015. 36 Ibid. 37 DILG Memorandum Circular 2010-119. 38 copied to the Kalumbay Regional Lumad Organization. 39 among them all the council members of the Kalumbay Regional Lumad Organization from Misamis Oriental. 40 The widow of Balangas Anlamit was interviewed for the RMP-NMR produced video documentary, Gikan sa Ngitngit nga Kinailadman where she narrated that during the ritual, Salusad was sprayed by the offered chicken’s blood, a sign that Salusad himself was one of the perpetrators of Anlamit’s death. 29 30
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18
Annexes
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Annex 1: United Nations Declaration on the Rights of Indigenous Peoples
Resolution adopted by the General Assembly [without reference to a Main Committee (A/61/L.67 and Add.1)] 61/295. United Nations Declaration on the Rights of Indigenous Peoples The General Assembly, Taking note of the recommendation of the Human Rights Council contained in its resolution 1/2 of 29 June 2006,1 by which the Council adopted the text of the United Nations Declaration on the Rights of Indigenous Peoples, Recalling its resolution 61/178 of 20 December 2006, by which it decided to defer consideration of and action on the Declaration to allow time for further consultations thereon, and also decided to conclude its consideration before the end of the sixty-first session of the General Assembly, Adopts the United Nations Declaration on the Rights of Indigenous Peoples as contained in the annex to the present resolution. 107th plenary meeting 13 September 2007 Annex United Nations Declaration on the Rights of Indigenous Peoples The General Assembly, Guided by the purposes and principles of the Charter of the United Nations, and good faith in the fulfilment of the obligations assumed by States in accordance with the Charter, Affirming that indigenous peoples are equal to all other peoples, while recognizing the right of all peoples to be different, to consider themselves different, and to be respected as such, See Official Records of the General Assembly, Sixty-first Session, Supplement No. 53 (A/61/53), part one, chap. II, sect. A. 1
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Affirming also that all peoples contribute to the diversity and richness of civilizations and cultures, which constitute the common heri-tage of humankind, Affirming further 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, Reaffirming that indigenous peoples, in the exercise of their rights, should be free from discrimination of any kind, Concerned that indigenous peoples have suffered from historic injus-tices as a result of, inter alia, their colonization and dispossession of their lands, territories and resources, thus preventing them from exercising, in particular, their right to development in accordance with their own needs and interests, Recognizing the urgent need to respect and promote the inherent rights of indigenous peoples which derive from their political, economic and social structures and from their cultures, spiritual traditions, histories and philosophies, especially their rights to their lands, territories and resources, Recognizing also the urgent need to respect and promote the rights of indigenous peoples affirmed in treaties, agreements and other constructive arrangements with States, Welcoming the fact that indigenous peoples are organizing themselves for political, economic, social and cultural enhancement and in order to bring to an end all forms of discrimination and oppression wherever they occur, Convinced that control by indigenous peoples over developments affecting them and their lands, territories and resources will enable them to maintain and strengthen their institutions, cultures and traditions, and to promote their development in accordance with their aspirations and needs, Recognizing that respect for indigenous knowledge, cultures and traditional practices contributes to sustainable and equitable development and proper management of the environment, Emphasizing the contribution of the demilitarization of the lands and territories of indigenous peoples to peace, economic and social progress and development, understanding and friendly relations among nations and peoples of the world, Recognizing in particular the right of indigenous families and communities to retain shared responsibility for the upbringing, training, education and well-being of their children, consistent with the rights of the child, Considering that the rights affirmed in treaties, agreements and other constructive arrangements between States and indigenous peoples are, in some situations, matters of international concern, interest, responsibility and character,
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Considering also that treaties, agreements and other constructive arrangements, and the relationship they represent, are the basis for a strengthened partnership between indigenous peoples and States, Acknowledging that the Charter of the United Nations, the International Covenant on Economic, Social and Cultural Rights2 and the International Covenant on Civil and Political Rights,2 as well as the Vienna Declaration and Programme of Action,3 affirm the fundamental importance of the right to self-determination of all peoples, by virtue of which they freely determine their political status and freely pursue their economic, social and cultural development, Bearing in mind that nothing in this Declaration may be used to deny any peoples their right to self-determination, exercised in conformity with international law, Convinced that the recognition of the rights of indigenous peoples in this Declaration will enhance harmonious and cooperative rela-tions between the State and indigenous peoples, based on principles of justice, democracy, respect for human rights, non-discrimination and good faith, Encouraging States to comply with and effectively implement all their obligations as they apply to indigenous peoples under international instruments, in particular those related to human rights, in consultation and cooperation with the peoples concerned, Emphasizing that the United Nations has an important and continuing role to play in promoting and protecting the rights of indig-enous peoples, Believing that this Declaration is a further important step forward for the recognition, promotion and protection of the rights and freedoms of indigenous peoples and in the development of relevant activities of the United Nations system in this field, Recognizing and reaffirming that indigenous individuals are entitled without discrimination to all human rights recognized in international law, and that indigenous peoples possess collective rights which are indispensable for their existence, well-being and integral development as peoples, Recognizing that the situation of indigenous peoples varies from region to region and from country to country and that the significance of national and regional particularities and various historical and cultural backgrounds should be taken into consideration, Solemnly proclaims the following United Nations Declaration on the Rights of Indigenous Peoples as a standard of achievement to be pursued in a spirit of partnership and mutual respect: Article 1 Indigenous peoples have the right to the full enjoyment, as a collective or as individuals, of all human rights and fundamental freedoms as recognized in the Charter of the United Nations, the Universal Declaration of Human Rights4 and international human rights law.
See resolution 2200 A (XXI), annex. A/CONF.157/24 (Part I), chap. III. 4 Resolution 217 A (III). 2 3
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Article 2 Indigenous peoples 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, in particular that based on their indigenous origin or identity. Article 3 Indigenous peoples have the right to self-determination. By virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development. Article 4 Indigenous peoples, in exercising their right to self-determination, have the right to autonomy or self-government in matters relating to their internal and local affairs, as well as ways and means for financing their autonomous functions. Article 5 Indigenous peoples have the right to maintain and strengthen their distinct political, legal, economic, social and cultural institutions, while retaining their right to participate fully, if they so choose, in the political, economic, social and cultural life of the State. Article 6 Every indigenous individual has the right to a nationality. Article 7 1. Indigenous individuals have the rights to life, physical and mental integrity, liberty and security of person. 2. Indigenous peoples have the collective right to live in freedom, peace and security as distinct peoples and shall not be subjected to any act of genocide or any other act of violence, including forcibly removing children of the group to another group. Article 8 1. Indigenous peoples and individuals have the right not to be subjected to forced assimilation or destruction of their culture. 2. States shall provide effective mechanisms for prevention of, and redress for: (a) Any action which has the aim or effect of depriving them of their integrity as distinct peoples, or of their cultural values or ethnic identities; (b) Any action which has the aim or effect of dispossessing them of their lands, territories or resources; (c) Any form of forced population transfer which has the aim or effect of violating or undermining any of their rights; (d) Any form of forced assimilation or integration;
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(e) Any form of propaganda designed to promote or incite racial or ethnic discrimination directed against them. Article 9 Indigenous peoples and individuals have the right to belong to an indigenous community or nation, in accordance with the traditions and customs of the community or nation concerned. No discrimination of any kind may arise from the exercise of such a right. Article 10 Indigenous peoples shall not be forcibly removed from their lands or territories. No relocation shall take place without the free, prior and informed consent of the indigenous peoples concerned and after agreement on just and fair compensation and, where possible, with the option of return. Article 11 1. Indigenous peoples have the right to practise and revitalize their cultural traditions and customs. This includes the right to maintain, protect and develop the past, present and future manifestations of their cultures, such as archaeological and historical sites, artefacts, designs, ceremonies, technologies and visual and performing arts and literature. 2. States shall provide redress through effective mechanisms, which may include restitution, developed in conjunction with indigenous peoples, with respect to their cultural, intellectual, religious and spir-itual property taken without their free, prior and informed consent or in violation of their laws, traditions and customs. Article 12 1. Indigenous peoples have the right to manifest, practise, develop and teach their spiritual and religious traditions, customs and cer-emonies; the right to maintain, protect, and have access in privacy to their religious and cultural sites; the right to the use and control of their ceremonial objects; and the right to the repatriation of their human remains. 2. States shall seek to enable the access and/or repatriation of cer-emonial objects and human remains in their possession through fair, transparent and effective mechanisms developed in conjunction with indigenous peoples concerned. Article 13 1. Indigenous peoples have the right to revitalize, use, develop and transmit to future generations their histories, languages, oral traditions, philosophies, writing systems and literatures, and to designate and retain their own names for communities, places and persons. 2. States shall take effective measures to ensure that this right is protected and also to ensure that indigenous peoples can understand and be understood in political, legal and administrative proceedings, where necessary through the provision of interpretation or by other appropriate means. Article 14 1. Indigenous peoples have the right to establish and control their educational systems and
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institutions providing education in their own languages, in a manner appropriate to their cultural methods of teaching and learning. 2. Indigenous individuals, particularly children, have the right to all levels and forms of education of the State without discrimination. 3. States shall, in conjunction with indigenous peoples, take effective measures, in order for indigenous individuals, particularly children, including those living outside their communities, to have access, when possible, to an education in their own culture and provided in their own language. Article 15 1. Indigenous peoples have the right to the dignity and diversity of their cultures, traditions, histories and aspirations which shall be appropriately reflected in education and public information. 2. States shall take effective measures, in consultation and cooperation with the indigenous peoples concerned, to combat prejudice and eliminate discrimination and to promote tolerance, understanding and good relations among indigenous peoples and all other seg-ments of society. Article 16 1. Indigenous peoples have the right to establish their own media in their own languages and to have access to all forms of non-indigenous media without discrimination. 2. States shall take effective measures to ensure that State-owned media duly reflect indigenous cultural diversity. States, without prejudice to ensuring full freedom of expression, should encourage privately owned media to adequately reflect indigenous cultural diversity. Article 17 1. Indigenous individuals and peoples have the right to enjoy fully all rights established under applicable international and domestic labour law. 2. States shall in consultation and cooperation with indigenous peoples take specific measures to protect indigenous children from economic exploitation and from performing any work that is likely to be hazardous or to interfere with the child’s education, or to be harmful to the child’s health or physical, mental, spiritual, moral or social development, taking into account their special vulnerability and the importance of education for their empowerment. 3. Indigenous individuals have the right not to be subjected to any discriminatory conditions of labour and, inter alia, employment or salary. Article 18 Indigenous peoples have the right to participate in decision-making in matters which would affect their rights, through representatives chosen by themselves in accordance with their own procedures, as well as to maintain and develop their own indigenous decision-making institutions.
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Article 19 States shall consult and cooperate in good faith with the indigenous peoples concerned through their own representative institutions in order to obtain their free, prior and informed consent before adopting and implementing legislative or administrative measures that may affect them. Article 20 1. Indigenous peoples have the right to maintain and develop their political, economic and social systems or institutions, to be secure in the enjoyment of their own means of subsistence and development, and to engage freely in all their traditional and other economic activities. 2. Indigenous peoples deprived of their means of subsistence and development are entitled to just and fair redress. Article 21 1. Indigenous peoples have the right, without discrimination, to the improvement of their economic and social conditions, including, inter alia, in the areas of education, employment, vocational training and retraining, housing, sanitation, health and social security. 2. States shall take effective measures and, where appropriate, special measures to ensure continuing improvement of their economic and social conditions. Particular attention shall be paid to the rights and special needs of indigenous elders, women, youth, children and persons with disabilities. Article 22 1. Particular attention shall be paid to the rights and special needs of indigenous elders, women, youth, children and persons with disabilities in the implementation of this Declaration. 2. States shall take measures, in conjunction with indigenous peoples, to ensure that indigenous women and children enjoy the full protection and guarantees against all forms of violence and discrimination. Article 23 Indigenous peoples have the right to determine and develop pri-orities and strategies for exercising their right to development. In particular, indigenous peoples have the right to be actively involved in developing and determining health, housing and other economic and social programmes affecting them and, as far as possible, to administer such programmes through their own institutions. Article 24 1. Indigenous peoples have the right to their traditional medicines and to maintain their health practices, including the conservation of their vital medicinal plants, animals and minerals. Indigenous indi-viduals also have the right to access, without any discrimination, to all social and health services.
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2. Indigenous individuals have an equal right to the enjoyment of the highest attainable standard of physical and mental health. States shall take the necessary steps with a view to achieving progressively the full realization of this right. Article 25 Indigenous peoples have the right to maintain and strengthen their distinctive spiritual relationship with their traditionally owned or otherwise occupied and used lands, territories, waters and coastal seas and other resources and to uphold their responsibilities to future generations in this regard. Article 26 1. Indigenous peoples have the right to the lands, territories and resources which they have traditionally owned, occupied or other-wise used or acquired. 2. Indigenous peoples have the right to own, use, develop and control the lands, territories and resources that they possess by reason of traditional ownership or other traditional occupation or use, as well as those which they have otherwise acquired. 3. States shall give legal recognition and protection to these lands, territories and resources. Such recognition shall be conducted with due respect to the customs, traditions and land tenure systems of the indigenous peoples concerned. Article 27 States shall establish and implement, in conjunction with indigenous peoples concerned, a fair, independent, impartial, open and transparent process, giving due recognition to indigenous peoples’ laws, traditions, customs and land tenure systems, to recognize and adjudicate the rights of indigenous peoples pertaining to their lands, territories and resources, including those which were traditionally owned or otherwise occupied or used. Indigenous peoples shall have the right to participate in this process. Article 28 1. Indigenous peoples have the right to redress, by means that can include restitution or, when this is not possible, just, fair and equitable compensation, for the lands, territories and resources which they have traditionally owned or otherwise occupied or used, and which have been confiscated, taken, occupied, used or damaged without their free, prior and informed consent. 2. Unless otherwise freely agreed upon by the peoples concerned, compensation shall take the form of lands, territories and resources equal in quality, size and legal status or of monetary compensation or other appropriate redress. Article 29 1. Indigenous peoples have the right to the conservation and protection of the environment and the productive capacity of their lands or territories and resources. States shall establish and implement assistance programmes for indigenous peoples for such conservation and protection, without discrimination. 2. States shall take effective measures to ensure that no storage or disposal of hazardous
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materials shall take place in the lands or ter-ritories of indigenous peoples without their free, prior and informed consent. 3. States shall also take effective measures to ensure, as needed, that programmes for monitoring, maintaining and restoring the health of indigenous peoples, as developed and implemented by the peoples affected by such materials, are duly implemented. Article 30 1. Military activities shall not take place in the lands or territories of indigenous peoples, unless justified by a relevant public interest or otherwise freely agreed with or requested by the indigenous peoples concerned. 2. States shall undertake effective consultations with the indig-enous peoples concerned, through appropriate procedures and in particular through their representative institutions, prior to using their lands or territories for military activities. Article 31 1. Indigenous peoples have the right to maintain, control, protect and develop their cultural heritage, traditional knowledge and traditional cultural expressions, as well as the manifestations of their sciences, technologies and cultures, including human and genetic resources, seeds, medicines, knowledge of the properties of fauna and flora, oral traditions, literatures, designs, sports and traditional games and visual and performing arts. They also have the right to maintain, control, protect and develop their intellectual property over such cultural heritage, traditional knowledge, and traditional cultural expressions. 2. In conjunction with indigenous peoples, States shall take effective measures to recognize and protect the exercise of these rights. Article 32 1. Indigenous peoples have the right to determine and develop priorities and strategies for the development or use of their lands or territories and other resources. 2. States shall consult and cooperate in good faith with the indigenous peoples concerned through their own representative institutions in order to obtain their free and informed consent prior to the approval of any project affecting their lands or territories and other resources, particularly in connection with the development, utilization or exploitation of mineral, water or other resources. 3. States shall provide effective mechanisms for just and fair redress for any such activities, and appropriate measures shall be taken to mitigate adverse environmental, economic, social, cultural or spiritual impact. Article 33 1. Indigenous peoples have the right to determine their own identity or membership in accordance with their customs and traditions. This does not impair the right of indigenous individuals to obtain citizenship of the States in which they live.
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2. Indigenous peoples have the right to determine the structures and to select the membership of their institutions in accordance with their own procedures. Article 34 Indigenous peoples have the right to promote, develop and maintain their institutional structures and their distinctive customs, spirituality, traditions, procedures, practices and, in the cases where they exist, juridical systems or customs, in accordance with international human rights standards. Article 35 Indigenous peoples have the right to determine the responsibilities of individuals to their communities. Article 36 1. Indigenous peoples, in particular those divided by international borders, have the right to maintain and develop contacts, relations and cooperation, including activities for spiritual, cultural, political, economic and social purposes, with their own members as well as other peoples across borders. 2. States, in consultation and cooperation with indigenous peoples, shall take effective measures to facilitate the exercise and ensure the implementation of this right. Article 37 1. Indigenous peoples have the right to the recognition, observance and enforcement of treaties, agreements and other constructive arrangements concluded with States or their successors and to have States honour and respect such treaties, agreements and other con-structive arrangements. 2. Nothing in this Declaration may be interpreted as diminishing or eliminating the rights of indigenous peoples contained in treaties, agreements and other constructive arrangements. Article 38 States, in consultation and cooperation with indigenous peoples, shall take the appropriate measures, including legislative measures, to achieve the ends of this Declaration. Article 39 Indigenous peoples have the right to have access to financial and technical assistance from States and through international cooperation, for the enjoyment of the rights contained in this Declaration. Article 40 Indigenous peoples have the right to access to and prompt decision through just and fair procedures for the resolution of conflicts and disputes with States or other parties, as well as to effective remedies for all infringements of their individual and collective rights. Such a decision shall give due consideration to the customs, traditions, rules and legal systems of the indigenous peoples concerned and international human rights.
Lumad Rights in the last 18 months of President Aquino III
59
Article 41 The organs and specialized agencies of the United Nations system and other intergovernmental organizations shall contribute to the full realization of the provisions of this Declaration through the mobilization, inter alia, of financial cooperation and technical assistance. Ways and means of ensuring participation of indigenous peoples on issues affecting them shall be established. Article 42 The United Nations, its bodies, including the Permanent Forum on Indigenous Issues, and specialized agencies, including at the country level, and States shall promote respect for and full application of the provisions of this Declaration and follow up the effectiveness of this Declaration. Article 43 The rights recognized herein constitute the minimum standards for the survival, dignity and wellbeing of the indigenous peoples of the world. Article 44 All the rights and freedoms recognized herein are equally guaranteed to male and female indigenous individuals. Article 45 Nothing in this Declaration may be construed as diminishing or extinguishing the rights indigenous peoples have now or may acquire in the future. Article 46 1. Nothing in this Declaration may be interpreted as implying for any State, people, group or person any right to engage in any activity or to perform any act contrary to the Charter of the United Nations or construed 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. 2. In the exercise of the rights enunciated in the present Declaration, human rights and fundamental freedoms of all shall be respected. The exercise of the rights set forth in this Declaration shall be subject only to such limitations as are determined by law and in accordance with international human rights obligations. Any such limitations shall be non-discriminatory and strictly necessary solely for the purpose of securing due recognition and respect for the rights and freedoms of others and for meeting the just and most compelling requirements of a democratic society. 3. The provisions set forth in this Declaration shall be interpreted in accordance with the principles of justice, democracy, respect for human rights, equality, non-discrimination, good governance and good faith.
60
PEOPLES’ RIGHTS IN PERIPHERALS
Not applicable
Manobo
Male
20
Dian Asero
9 - 10
Not applicable
Manobo
Male
45
Songkok Asero
8
Not applicable
Manobo Pulangion
Male
39
Mabini Beato
7
Not applicable
Subanen
Male
Payo Manorca
6
Not available
Not available
Not applicable
Not applicable
Manobo Subanen
Male
40
Not applicable
Not applicable
Manobo
Manobo
Not applicable
Datu
Traditional position in the community
Subanen
Banwaon
Tribe
Male
Aden M. Alimboyong
Edwin Sandangan
4-5
3
Male
Male
15
Alibando Tingkas
2
74
Male
Not available
Stephen Maribao
Jose Alimboyong
Male
Sex
52
Age
Necasio Precioso Sr
Name of victim
1
Specific Violation: EXTRAJUDICIAL KILLINGS
26-Mar-15 Magimon, Gupitan, Alamara Kapalong Davao del Norte
Karadyawan Karadyawan
24-Mar-15
Botong, Quezon, Bukidnon
Blue Guards of Poling Lorenzo
Believed-to-be state forces
Tindoga
P9 Bargy. Kahayagan, Bayog, Zamboanga del Sur Mar-15
Believed-to-be state forces
Not available
Brgy. Depore,Bayog, Zamboanga del Sur
36th IBPA Purok 6B, Sitio Brgy. Lamesa, Carromata, San Miguel, Surigao del Sur
Sitio Sambulongan, Alamara Palma Gil, Talaingod, Davao del Norte
Believed-to-be state forces
26th IBPA
Land/ resource conflict
Land/ resource conflict
Land/ resource conflict
Land/ resource conflict
OpBay
OpBay
Land/resource conflict
Land/resource conflict, OpBay
Motive Alleged Perpetrator
20-Feb-15
10-Feb-15
17-Jan-15
23-Dec-14 Brgy. Depore, Bayog, Zamboanga del Sur
22-Dec-14 Balit, San Luis, Agusan del Sur
Place of Incident
Not available
Tipjungan
Tipjungan
Salugpungan
Not available
Tagdumahan
Organizational Date of membership incident
SOS NetworkSMR
KL Monitors
Karapatan -WMR
Karapatan -WMR
Karapatan -Caraga
SOS NetworkSMR
Karapatan -WMR
KL Monitors
Source
Annex 2: Summary of extra-judicial killings of indigenous peoples in Mindanao
Lumad Rights in the last 18 months of President Aquino III
61
62
PEOPLES’ RIGHTS IN PERIPHERALS
19
18
17
16
15
14
13
12
11
Specific Violation: EXTRAJUDICIAL KILLINGS
Jill Ahig
Daynon Handayan
Ricky “Felix” Basig
Ruben Enlog
Toto Alborte
Efren Sulatan
Blemar Mondejar
Rosalie Neri-Aloto
Frenie Landasan
Name of victim
28
Not available
41
Male
Male
Male
Male
Male
Not available
Male
Male
54
Higaonon
Tribe
Higaonon
Talaandig
Mandaya
Ata
Subanen
Higaonon
Manobo
Female Higaonon
Male
Sex
44
42
39
43
Age
Not applicable
Not applicable
Not applicable
Datu
Not applicable
Not applicable
Not applicable
Not applicable
Not applicable
Traditional position in the community
29-Mar-15
6-Jul-15
25-Jun-15
14-Jun-15
May-15
Pigyayungaan 19-Jul-15
None
Barug Katawhan
Nagkalupa, Padipa
Not available
Pigyayungaan 28-Apr-15
Pigdiwatahan 18-Apr-15
Not available
Pigyayungaan 28-Mar-15
Organizational Date of incident membership
67th IBPA
Siito Kaputian, Mahanub, Bagangga, Davao Oriental
Saluringan, Cabanglasan, Bukidnon
Alamara
Bocalas brothers
69th IBPA
Paradise, Embac, Paquibato District, Davao City
Cabanglasan, Bukidnon
Believed-to-be state forces
Dela Mance group
Paramilitary group led by Frank Coguit and Laygayan
1st SF headed by Nasser Ladiasan, security buddies of Raul Delfin
Dela Mance group
Alleged Perpetrator
Public Terminal, Bayog, Zamboanga del Sur
Gagantulan, Freedom, Cabanglasan, Bukidnon
Lapaz, Agusan del Sur
Bugna, Casinglot, Tagoloan, Misamis Oriental
Purok 3, Dalacutan,Malaybalay City, Bukidnon
Place of Incident
Land/resource conflict, OpBay
Land/resource conflict
Land/resource conflict, OpBay
OpBay
Land/resource conflict
Land/resource conflict
Land/resource conflict, OpBay
Land/resource conflict, OpBay
Land/resource conflict
Motive
KarapatanNMR and Kalumbay
KL Monitors
KarapatanSMR
KarapatanSMR
KarapatanWMR
KarapatanNMR
KarapatanCaraga
KarapatanNMR and Kalumbay
Karapatan -NMR
Source
Lumad Rights in the last 18 months of President Aquino III
63
29-30
27-28
25-26
20-24
Specific Violation: EXTRAJUDICIAL KILLINGS
20
Not available
Jobert Samia
30
15
Jonathan Olinan
69
Bello Sinzo
Jun ‘Obet’ Pabiana
41
Dionel Campos
Ellie Tabogol
Not available
Male
70
Herminio Samia
Crisanto Tabogol
Male
14
Norman Samia
Male
Male
Male
Male
Male
Male
Male
19
Wilmar Somina
Male
Sex
17
Age
Emer Somina
Name of victim
Banwaon
Banwaon
Manobo
Manobo
Manobo
Manobo
Manobo
Manobo
Manobo
Manobo
Manobo
Tribe
Not applicable
Not applicable
Tagdumahan
Mapasu
Datu Not applicable
Mapasu
Not available
Not available
Manobo Farmers Association
Manobo Farmers Association
Not applicable
Manobo Farmers Association
Not applicable
3rd Coy of the 1st SF
Alleged Perpetrator
Diatagon, Lianga, Surigao del Sur
Bocalas brothers
Magahat, 36th IBPA, 75th SF
Siagao, San Miguel, Bagani Forces Surigao del Sur led by Jasmen Acevido
Mandum, Mendis, Pangantucan, Bukidnon
Place of Incident
15-Sep-15 Balaudo, St. Peter, Malaybalay City
1-Sep-15
28-Aug-15
18-Aug-15
Organizational Date of incident membership
Not applicable
Not applicable
Not applicable
Not applicable
Datu
Not applicable
Not applicable
Not applicable
Traditional position in the community
Land/ resource conflict
OpBay
OpBay
OpBay
Motive
KL Monitors
KarapatanCaraga
KarapatanCaraga
KarapatanNMR, KL Monitors
Source
64
PEOPLES’ RIGHTS IN PERIPHERALS
Mankombete
32
Arnel Nayer
Mansulbadan
35
36
Michael Sib-ot
Edjan Talian
Not available
6
Male
Male
Male
Male
Not available
64
Male
Male
Male
Male
Sex
70
Not available
48
44
Age
* OpBay - Oplan Bayanihan
37
Jowed Bagubay
34
Lalinan
Manliro Landahay
33
Mariano
Lito Abion
31
Specific Violation: Name EXTRAof victim JUDICIAL KILLINGS
Not applicable
Datu
Not applicable
Not applicable
Traditional position in the community
Talaandig
Talaandig
Talaandig
Not applicable
Not applicable
Datu
Mamanwa Datu
Higaonon
Manobo
Talaandig
Manobo
Tribe
28-Sep-15
7-Nov-15
23-Apr-16
Not applicable
Not applicable
27-Apr-16
Pigyayungaan 6-May-16
Not available
Pigyayungaan 4-Jan-16
Salugpungan Lumad Organization
Pigyayungaan 27-Oct-15
Tagdumahan
Organizational Date of incident membership
Lirongan, Talakag, Bukidnon
Zellovia, Talacogon, Agusan del Sur
Kalatingga, Camamonan, Gigauit, Surigao del Norte
Kilap-agan, Can-ayan, Malaybalay City, Bukidnon
Talaingod, Davao del Norte
Umayam, Canangaan, Cabanglasan, Bukidnon
Dona Flavia, San Luis, Agusan del Sur
Place of Incident
1st SF Batallion, 4th ID
Bocalas brothers
6th IB/ augmentation forces from 4th ID
Dela Mance group
Alamara
Bocalas brothers
26th IB
Alleged Perpetrator
OpBay
Land/resource conflict
Land/resource conflict
Land/resource conflict
OpBay
Land/resource conflict
Land/resource conflict, OpBay
Motive
KarapatanNMR
KL Monitors
http://www. altermidya.net/ datu-found-in-ashallow-grave-insurigao-del-norte/
KarapatanNMR
SOS NetworkSMR
KL Monitors
KL Monitors
Source
1-May-15
1-May-15
18-May-15
7
8
10-Mar-15
4
6
7-Feb-15
3
25-Apr-15
Jan/Feb-15
2
5
23-Jan-15
Date of Displacement
1
Specific Violation: Evacuation or Enforced Displacement
205 169
40
41
360
117 2,000
700
147
259
55
64
131
22
105
60
10
18
240
1,336
Number of Individuals
24
200
Number of Families Affected
Upper Suyan, Malapatan, Sarangani Province
Kapalong, Talaingod, Davao del Norte
Banglay, Lagonglong, Misamis Oriental
San Fernando, Bukidnon
Kapalong, Davao del Norte
Talaingod, Davao del Norte
Mahagsay, San Luis, Agusan del Sur
San Isidro and Kiatsan, Bunawan, Agusan del Sur
San Fernando, Bukidnon
Talaingod, Davao del Norte
14 various communities of San Luis, Agusan del Sur
Point of Origin
B’laan
Manobo
Higaonon
Tigwahanon
Manobo
Ata-Manobo
Ata-Manobo
Banwaon
Manobo
Manobo
Banwaon
Ethnicity
OpBay
OpBay
OpBay
OpBay
OpBay
OpBay
OpBay, Forcible Recruitment of Paramilitary Alamara
Land/resource conflict, OpBay
Reason for Evacuation/ Displacement
AFP
Alamara
Charlie Company of the 8th IB under 1st Lt. Charlie Valdez
68th IB, Alamara
60th IB, Alamara
68th IB, Alamara
26th and 23rd IB, with augmentation from 75th IB and PNP personnel
Particular AFP unit not available
Alamara
26th and 23rd IB, with augmentation from 75th IB and PNP personnel
Perpetrators
http://unhcr. ph/_cms/wpcontent/uploads/ DisplacementDashboard-May-2015Final.pdf
Karapatan -SMR/PASAKA
KL Monitors
Karapatan -SMR
KL Monitors
KarapatanCaraga
Karapatan -SMR/ PASAKA
KL Monitors
Source
Annex 3: Summary of forcible evacuation and displacement of indigenous peoples in Mindanao
Lumad Rights in the last 18 months of President Aquino III
65
66
PEOPLES’ RIGHTS IN PERIPHERALS
5-Jun-15
8-Jun-15
9-Aug-15
29-Aug-15
1-Sep-15
10
11
12
13
Date of Displacement
9
Specific Violation: Evacuation or Enforced Displacement
96 54
16
9
60 300
1,865
185
37
311
233
102
253
Brgy. White Culaman, Kitaotao, Bukidnon Province
Siagao, San Miguel, Surigao del Sur
Purok 15, Sitio Nahikyad, Brgy. Bolhoon, San Miguel, Surigao del Sur
Tandungan, Brgy. Bolhoon, San Miguel, Surigao del Sur
Bugbog, Brgy. Bolhoon, San Miguel, Surigao del Sur
Purok 16, Nalindog, Brgy. Bolhoon, San Miguel, Surigao del Sur
Freedom, Cabanglasan, Bukidnon
Sitio Camansi and Sitio Tapul, Brgy. Banglay, Municipality of Lagonglong, Misamis Oriental
Number of Individuals Point of Origin
46
20
52
Number of Families Affected
Culamanon -Manobo
Manobo
Manobo
Higaonon
Higaonon
Ethnicity
OpBay
OpBay
OpBay
Land/ resource conflict
OpBay
Reason for Evacuation/ Displacement
23rd IBPA, 8th IB, BLGU Chairman
36th IBPA, 75th SF, and Marcos Bocales group
36th IBPA, Magahat/ Bagani Paramilitary Forces
Dela Mance group
13 Members of the 58th Infantry Battallion, 4th Infantry Division, Philippine Army, including: 1. Cpl. Gile F. Valleser; 2. Cpl. Jul B. Lagdamen; 3. Pfc. Jhomar B. Remonde; 4. Neil L. Velarde; 5. Cpl. Dondel Dueguime; 6. Pfc Raine Culab; 7. Pfc. Paul Sabado 8. Cpl. Geovan Terro; 9. Cpl. Quezon Almirol; 10. Cpl. Guinahon Daniel; 11. Pfc. Archie Juanico 12. Pfc Alan Ladjabascal
Perpetrators
KarapatanSMR
KarapatanCaraga
KarapatanCaraga
KL Monitors
KL Monitors
Source
Lumad Rights in the last 18 months of President Aquino III
67
16-Mar-16
16-May-16
4-Jun-16
20
21
24/25-Nov-15
17
19
13-Nov-15
16
13-Mar-16
28-Sep-15
15
18
1-Sep-15
Date of Displacement
14
Specific Violation: Evacuation or Enforced Displacement
45
108
35
33
70
43
32
492
Number of Families Affected
253
468
150
172
340
211
200
2,953
Banglay, Lagonglong, Misamis Oriental
Binicalan, San Luis, Agusan del Sur
Bulak, Sangay, Buenavista, Agusan del Norte
Purok 6, Sityo Baruboan, Barangay Carromata, San Miguel, Surigao del Sur
Sitio Balaudo and Sitio Kino-aw, Barangay St. Peter, Malabayay City, Bukidnon
Kalatingga, Camam-onan, Gigaquit, Surigao del Sur
Sitio Algudon, Brgy. Mat-I, Claveria, Misamis Oriental
Lianga, San Agustin, Tago, San Miguel and Marihatag, Surigao del Sur
Number of Point of Origin Individuals
Higaonon
Talaandig and Banwaon
Higaonon
Manobo
Talaandig
Mamanwa
Higaonon
Manobo
Ethnicity
OpBay
Land/resource conflict, OpBay
OpBay
OpBay
Land/resource conflict
Land/resource conflict
OpBay
Land/resource conflict, OpBay
Reason for Evacuation/ Displacement
KL Monitors
http://www. altermidya.net/datufound-in-a-shallowgrave-in-surigao-delnorte/
KL Monitors
KarapatanCaraga
Source
58th IBPA
Bocalas brothers
23rd IBPA
KL Monitors
KarapatanCaraga
KL Monitors
2nd Special Forces Philippines KarapatanArmy led by SSgt. Palasol Caraga
1. Mankolobi Bocalas; 2. Manlumakad Bocalas; 3. Malmalahag; 4. Tipunan 5. Lilok; 6. Esbe; 7. Mandangkawat; 8. Sagpe; 9. Digal; 10. Taluto; All members of the dela Mance paramilitary aligned with ALAMARA.
30th and 29th IBPA
58th IBPA, and 1st SF
Magahat
Perpetrators
20 68
PEOPLES’ RIGHTS IN PERIPHERALS
Photo Captions
1. Matigsalug children enrolled at the RMP-NMR Literacy and Numeracy School in Sitio Malungon, Kalagangan, San Fernando, Bukidnon. Pau Villanueva 2. Matigsalug Lumad elders. Pau Villanueva 3. Displaced Banwaon at an evacuation camp in Balit, San Luis, Agusan del Sur, September 2014. Gary Ben Villocino 4. Bae Jocelyn Agdahan, woman leader of the Manobo-Pulangion indigenous group, Tindoga, in Quezon, Bukidnon. Winbel Mordino Visitacion 5. The Matigsalug community converges around the ‘bangkakaw,’ performing traditional dances to welcome visitors. The bangkakaw is played during Matigsalug festivities with community members dancing around it. Myles Albasin 6. Lumad children from the Matigsalug tribe in Sitio Malungod, Kalagangan, San Fernando, Bukidnon. Pau Villanueva 7. Bae Diden Landasan, leader of the Higaonon indigenous group, Pigyayungaan, in Malaybalay City, Bukidnon. Winbel Mordino Visitacion 8. Harvest of traditional Lumad upland rice in Butong, Quezon, Bukidnon. Winbel Mordino Visitacion 9. Anti-dam leader Petronillo Cabungcal from Kibawe, Bukidnon. Winbel Mordino Visitacion 10. The parents of Norman Samia, one of the children victims of the Pangantucan Massacre, shows the report card of their child to prove that he is not a member of the New People’s Army as what the military claims him to be. Winbel Mordino Visitacion
Lumad Rights in the last 18 months of President Aquino III
69
11. The bodies of the victims of the Pangantucan massacre displayed by the military in the village basketball court of Mendis. Contributed photo 12. Displaced Manobo-Tigwahanon women and children from Sitio Tibugawan, Kawayan, San Fernando, Bukidnon. Winbel Mordino Visitacion 13. A member of the Tindoga indigenous group in Quezon, Bukidnon, inside his makeshift tent. Winbel Mordino Visitacion 14. Students of the RMP-NMR Literacy and Numeracy School in Sta. Filomena, Quezon, Bukidnon. Winbel Mordino Visitacion 15. Matigsalug children inside the RMP-NMR Literacy and Numeracy School in Sitio Malungon, Kalagangan, San Fernando, Bukidnon. Pau Villanueva 16. A Lumad datu from San Fernando, Bukidnon. Pau Villanueva 17. A Matigsalug woman in her traditional garb. Pau Villanueva 18. Relatives of the victims of the infamous Pangantucan Massacre protesting the death of their kin. Winbel Mordino Visitacion 19. A Matigsalug mother and child from San Fernando, Bukidnon. Pau Villanueva 20. A Higaonon farm worker of Del Monte Philippines pineapple plantation in Baungon, Bukidnon. Gary Ben Villocino
70
PEOPLES’ RIGHTS IN PERIPHERALS
