RP Tribal Leaders in UN IP Meet to Fight for Rights

RP Tribal Leaders in UN IP Meet to Fight for Rights

by Gerald Querubin 

Quezon City, Philippines – Three Filipino tribal leaders are presently in Geneva, Switzerland participating in the United Nation’s Committee on the Elimination of Racial Discrimination (UNCERD) hearing on a complaint filed by the Subanon community against the Philippine Government.

            The UNCERD is a body of independent experts which monitors the Implementation of the Convention on the Elimination of All Forms of Racial Discrimination (ICERD) by its State parties. 

            The UNCERD meeting coincides with the celebration of the World Indigenous People’s Day in the 9^th day of August which is held every year.

            The Filipino tribal leaders who are in Geneva are: Timuay Jose Boy Anoy and Timuay Noval Lambo of the Subanon tribe in the Zamboanga Peninsula ; and Peter Duyapat of belonging to the Ifugao community from Didipio, Kasibu, Nueva Vizcaya.  “Timuay” refers to the title “chieftain”.     

            In a send-off lunch organized by the Alyansa Tigil Mina (ATM) last August 7, 2009 at a restaurant in this city, Anoy and Lambo claimed that their rights to the ancestral domains have been violated, and that actions of the Philippine government, particularly the National Commission on Indigenous Peoples (NCIP) have been adverse against them.

ATM is an advocacy group and a people’s movement that upholds the rights of the present and future Filipinos against the persisting injustices related to mining.

            According to Timuay Anoy, he was awarded a Certificate of Ancestral Domain Title (CADT) situated in Mt. Canatuan, Siocon town in Zamboanga del Norte during the Independence Rites on June 12, 2003 at Zamboanga, but was ejected from his own land when the mining company, TVI Resources Development Philippines Inc. (TVI), started operating in their area in 2006. President Gloria Macapagal-Arroyo herself personally handed to Anoy his land title.

            Anoy, however, asserts that the NCIP facilitated the formation of a bogus tribal council in connivance with TVI.

            “There was no genuine free, prior and informed consent (FPIC) given to the mining operations.  Our customs, traditions and beliefs have been disrespected by no less than the government,” says Timuay Anoy.

            According to Timuay Lambo, Chief Elder of the Subanon Council of Seven Rivers in the Zamboanga Peninisula, the government must tell the truth.

            “We have been waiting for so long. The government’s report, which states that there are no indigenous people’s discrimination is purely a lie as fabricated by the NCIP, through its incompetent local officials. They should be held accountable,” says Timuay Lambo.

            “This is the third time that we have submitted our complaints to the UN because we believe that we will not get justice from our government.  We are glad that the UNCERD is taking the cudgels for us, ensuring that the rights and customs of our people are always protected,” added Timuay Lambo.

            Lodel Magabanua of PIPlinks, a non-government organization upholding and promoting the collective and individual human rights of indigenous people and other land-based communities, said that the UNCERD is not satisfied with the replies of the Philippine government on the said complaints, thus, the need for a new hearing on the issue.

            Timuay Lambo said that they are looking forward that their pleas will now be heard and resolved by the national government, through the mediation that will be made by the UNCERD.

            “All we want is for the government to respect the rights and customary laws of the Subanons and to recognize the authority of the traditional tribal leaders of the community,” Timuay Anoy said.

            “We also want the government to protect our ancestral domains from the ill effects of mining. We will surely fight to stop the expansion of mining operations in our area,” said Lambo. “We are against any form of mining. We can never be pro-mining.  It is our responsibility to protect all IP domains in the Zamboanga area.”

            “We are the aggrieved party here and we will continue our fight against mining and the government’s discriminatory acts against our people, against our rights. However, we want this solved through peaceful means, because the Subanon tribe is a peaceful tribe,” Timuay Lambo added. 

            The ATM said that Duyapat, on his part, will raise complaints about their community’s situation wherein the Australian mining company, OceanaGold, operating in Didipio, has been abusing the rights of the indigenous community through militarization, displacements and loss of livelihoods.

            The three tribal leaders want that the government to enforce and respect the Indigenous Peoples Rights Act (IPRA) by acting against development aggression by obtaining the FPIC of indigenous communities before ‘issuing, renewing, or granting any concession, license or lease, or entering in any production-sharing agreement’ in their ancestral lands.  However, they want that those who will be consulted should be the real representatives of the tribe, and not any other bogus groups or individuals.

            The IPRA recognizes Indigenous Peoples inherent rights, including their right to self determination; rights to ancestral domains (including ‘minerals and other natural resources’) and the applicability of their customary laws governing property rights; their right to a self determined development and the requirement that their Free, Prior and Informed Consent be obtained in relation to any developments impacting on them.  

            “There are 12 million indigenous peoples in the Philippines and the three IP leaders who will attend the hearing in Geneva, will speak up to tell their stories and demand that the Philippine government heed their call for their right to self-determination.  They will also be urging the United Nations to pressure the government to address justly and without discrimination, the issues of land rights, militarization, access to justice and protection of indigenous beliefs and practices,” said ATM coordinator Jaybee Garganera.

            “ATM will always support the initiatives of these IP leaders to explore and maximize international venues where they can assert their rights to pursue the protection and enrichment of their indigenous cultures,” Garganera added.

            Magabanua said that the UNCERD is a body of independent experts which monitors the implementation of the Convention on the Elimination of All Forms of Racial Discrimination (ICERD) by its State parties. 

“The Philippine Government, having ratified ICERD, is obliged to regularly report to the Committee on how it is being implemented.  Sadly, for the past 11 years, since 1998, our government have never submitted any single report,” claimed Magabanua.

Magabanua accompanied the three tribal leaders to the UN meeting.

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For RP Tribal Leaders' UNCERD Activity updates visit:

http://philippines-cerd.blogspot.com/