HOW CAN WE RESPECT INDIGENOUS PEOPLE’S RIGHTS?

HOW CAN WE RESPECT INDIGENOUS PEOPLE’S RIGHTS?

Respecting the rights of Indigenous Peoples (IPs) is not merely a matter of issuing government titles or passing laws. It is a matter of recognizing historical justice — and understanding that many ancestral lands were already owned long before the modern State existed.

In the Philippines, our legal framework is actually among the most progressive in the world. The Indigenous Peoples’ Rights Act (IPRA) and the famous Cariño Doctrine affirm the concept of “Native Title,” meaning that lands occupied since time immemorial are presumed never to have been public lands at all. The Certificate of Ancestral Domain Title (CADT), therefore, does not grant ownership; it merely recognizes an ownership that already existed.

As of recent estimates, more than 220 ancestral domain titles covering over 5.4 million hectares have already been issued nationwide, benefiting more than one million Indigenous people, equivalent to roughly 16 percent of the country’s land area.

Yet this also means that many ancestral territories remain untitled, contested, or administratively delayed — a reminder that legal recognition is still incomplete.

There is an important lesson here. Respecting Indigenous rights should not depend solely on whether a CADT has already been issued. If a community has lived on the land for generations, governed by its own customary laws, that historical possession should already command respect in practice — from local governments, corporations, and even neighboring communities.

Another reality we should recognize is the environmental aspect. Indigenous territories in the Philippines include about 13–14 million hectares of ancestral lands, much of which contains around 75 percent of the country’s remaining forest cover.
This is not accidental. Communities that depend directly on forests, rivers, and mountains for survival naturally develop traditions of conservation. Protecting their rights is therefore not only a human-rights issue; it is also an environmental strategy.

But how can we truly respect Indigenous rights beyond slogans?

First, local governments must ensure that national laws like IPRA are not undermined by conflicting local ordinances or development permits. The constitutional mandate to protect ancestral domains should prevail over purely commercial interests.

Second, the principle of Free, Prior, and Informed Consent (FPIC) must be treated seriously. Consultations should be genuine, transparent, and free from coercion. Consent should not be reduced to paperwork signed under pressure.

Third, the Indigenous Political Structure (IPS) — the traditional leadership and governance systems of IP communities — must be recognized as legitimate decision-making bodies. Development projects negotiated without them are inherently flawed.

Fourth, we as citizens should support Indigenous enterprises, cultural preservation programs, and language revitalization efforts. Respect is not only legal; it is also social and economic.

Finally, we should ask an uncomfortable but necessary question: If the law already recognizes Native Title even before a CADT is issued, why do many Indigenous communities still struggle to defend their lands? The answer often lies not in the absence of laws but in weak implementation and competing economic interests.

Respecting Indigenous Peoples’ rights is therefore not just a legal exercise. It is a continuing national responsibility — to honor history, protect the environment, and ensure that development never becomes another form of displacement.

RAMON IKE V. SENERES

www.facebook.com/ike.seneres iseneres@yahoo.com senseneres.blogspot.com 09088877282/03-27-2027