CHR stresses IP rights to ancestral domains amid Duterte plan to open lands to investors

The rights of indigenous people (IP) and indigenous cultural communities (ICC) should be upheld in any development plan involving their ancestral domains, the Commission on Human Rights (CHR) said Wednesday.

The rights body released the statement after President Rodrigo Duterte proposed to open ancestral lands of Lumads to investors, saying it would generate employment and ease hunger among the Lumads.

"While the President’s intention is to generate economic activity towards alleviating poverty in the Lumad area, it is vital to be circumspect when it comes to development plans involving ancestral domains," the CHR said.

The CHR cited Section 5, Article II of the 1987 Constitution, which ensures the economic, social, and cultural well-being of ICCs and IPs.

They also underscored provisions under Republic Act 8371 or the Indigenous Peoples’ Rights Act that safeguard their rights of ownership and possession.

The CHR said these protect their right of ownership; right to develop, control, and use lands and natural resources, including the right to negotiate the terms, and conditions for the exploration of natural resource.

They also cover the IPs' right to stay in their territories, which means they cannot be relocated without their free and prior informed consent, as well as their right to regulate entry of migrants, the CHR added.

The Commission stressed that development plans "must not supersede their welfare, identity" but instead "contribute to the strengthening and enhancement of their plight."

"For the ICCs  and IPs, ancestral lands are sacred – their very identity and life are anchored on the land that their ancestors have nurtured and fought for with blood and sweat," the CHR said.

Presidential Spokesperson Harry Roque Jr. earlier explained that Duterte's proposal to invite investors to Lumad lands would also help prevent the New People’s Army from influencing the indigenous communities.

Moreover, Roque said the Palace, likewise, recognized the Indigenous Peoples’ Rights Act.

“Ang sabi lang naman niya (Duterte), papapasukin niya ang mga namumuhunan doon sa mga ancestral domains nang sa ganoon, maibsan ang kagutuman ng mga lumad,” he clarified.

In response, lumad group Sandugo issued a statement saying they would continue to resist the intrusion of foreign investors and projects and oppose US-Duterte’s charter change. — Margaret Claire Layug/MDM, GMA News