VZCZCXRO6205
OO RUEHCHI RUEHDT RUEHHM
DE RUEHML #1995/01 1660823
ZNR UUUUU ZZH
O 150823Z JUN 07
FM AMEMBASSY MANILA
TO RUEHC/SECSTATE WASHDC IMMEDIATE 6972
INFO RUEHZS/ASEAN COLLECTIVE IMMEDIATE
RHHMUNA/CDR USPACOM HONOLULU HI IMMEDIATE

UNCLAS SECTION 01 OF 03 MANILA 001995 
 
SIPDIS 
 
SIPDIS 
 
STATE PASS USAID 
 
E.O. 12958:  N/A 
TAGS: PGOV PHUM SCUL RP
SUBJECT: PROTECTING INDIGENOUS PEOPLES AND LANDS IN THE PHILIPPINES 
 
¶1.  Summary: Since 1997, the Philippines has explicitly sought to 
protect and enhance the rights of its indigenous peoples, including 
"ancestral domains" and self-governance.  Special legislation and an 
oversight commission address key concerns, which should be of 
increasing relevance in the wake of an eventual peace accord between 
the Philippine government and the Moro Islamic Liberation Front, a 
group that claims its own right to ancestral domain and 
self-governance for the Bangsamoro people of Mindanao and the Sulu 
Archipelago.  Despite some progress, much work remains.  The USG has 
numerous programs already in place to help various indigenous groups 
assert and protect their rights, and will continue to assist the 
Philippine government in these important endeavors whenever 
possible.  End Summary 
 
-------------------- 
LANDMARK LEGISLATION 
-------------------- 
 
¶2.  On October 29, 1997, the Philippine Congress approved Republic 
Act No. 8371, entitled "The Indigenous Peoples Rights Act of 1997," 
which in essence fleshed out in practical terms out several 
provisions of the 1987 Constitution.  The Act declared that, within 
the framework of Philippine national unity and development, the 
Philippines would respect and protect indigenous people's (IP) 
rights to "ancestral domains" in order to ensure economic, social, 
and cultural well-being and preserve and develop their cultures, 
traditions, and institutioQ The Act prescribed four specific 
entitlements of thQP: ancestral domains; self-governance and 
empowerment; social justice and human rights; and, cultural 
integrity.  The Act also established the National Commission on 
Indigenous Peoples -- a government agency -- to implement the 
legislation. 
 
--------------------------- 
WHO ARE INDIGENOUS PEOPLES? 
--------------------------- 
 
¶3.  The term "indigenous peoples" refers to the more than 12 million 
descendants of the original inhabitants of the Philippines, who in 
many cases have retained their own customs, traditions, and ways of 
life.  These original inhabitants created communities that had all 
the attributes of independent states -- people, territory, 
government, and sovereignty.  Currently, there are 110 recognized, 
distinct IP, each with its own unique language and customs.  They 
include such groups as the Ifugao in Northern Luzon, the Ati in the 
Visayas, and the Subanen and Higaonon tribes of Mindanao.  During 
the colonial era, U.S. administrators created the "Bureau of 
Non-Christian Tribes" under the Department of Interior.  The groups 
later became known as "cultural minorities," or "tribal Filipinos." 
 
 
--------------------------------------------- 
THE NATIONAL COMMISSION ON INDIGENOUS PEOPLES 
--------------------------------------------- 
 
¶4.  The National Commission on Indigenous Peoples (NCIP) has 
responsibility for formulating and implementing the Government's 
policies and programs to "recognize, promote, and protect" the 
rights and well-being of IP, including recognition of their 
ancestral domains and rights thereto. Its mandate explicitly 
excludes the Autonomous Region in Muslim Mindanao (ARMM), although 
some groups in the ARMM -- notably, non-Muslim "lumads" -- 
technically would qualify for IP status.  NCIP officials are now 
seeking Presidential authority to expand its role in the ARMM. 
 
---------------------- 
COMMISSION'S STRUCTURE 
---------------------- 
 
¶5.  The President appoints the NCIP Chairperson and six 
Commissioners, who must be members of a recognized IP group 
representing specified areas of the country - Region I 
(Cordilleras); Region II (the rest of Luzon); island groups of 
Mindoro, Palawan, Romblon, Panay, and the rest of the Visayas; 
Northern and Western Mindanao; Southern and Eastern Mindanao; and, 
Central Mindanao.  The Act specifies that at least two Commissioners 
must be women.  The Commissioners serve for one three-year term, 
subject to reappointment for one additional term.  The Commission's 
seven offices cover:  Ancestral Domains; Policy, Planning, and 
Research; Education, Culture, and Health; Socio-Economic Services 
and Special Concerns; Empowerment and Human Rights; Administration; 
and, Legal Affairs.  An Executive Director, also appointed by the 
President of the Philippines, handles the NCIP's daily management. 
 
¶6.  The Commission's main office is located in Quezon City in Metro 
Manila, and there are 12 regional offices and 66 provincial service 
offices.  The Commission currently has a staff of approximately 
1,500 employeeQd a budget of 487 million pesos (USDQ5 
million).  The NCIP has undertaken major programs, such as cultural 
mapping of IP communities, surveying and delineating ancestral 
 
MANILA 00001995  002 OF 003 
 
 
domains, and issuing Certificates of Ancestral Domain Title and 
Certificates of Ancestral Land Title. 
 
-------------------------------- 
CORE FUNCTION: ANCESTRAL DOMAINS 
-------------------------------- 
 
¶7.  Ancestral domains can consist of lands, inland waters, coastal 
areas, and/or natural resources occupied or possessed by IP, 
communally or individually.  The Ancestral Domains Office registers 
all claims to ancestral lands and tries to ensure the recognition 
and legal titling of the ancestral domain claims.  Additionally, the 
Office develops sustainable development protection plans to help 
protect the culture, resources, and rights of IP and to provide a 
"roadmap" to ensure IP groups' continued existence and recognition. 
 
 
¶8.  As of April 13, 2007, the Ancestral Domains Office had 
registered 57 ancestral domain titles and 172 ancestral land titles 
involving 1.121 million hectares (2,768,870 acres).  It has 
completed surveys on another 1.048 million hectares, with surveys 
still ongoing for more than 890,000 additional hectares.  It is also 
examining claims to more than 3.3 million hectares, according to its 
executive director. 
 
--------------------- 
INTERNATIONAL SUPPORT 
--------------------- 
 
¶9.  The United Nations Development Program provides technical 
assistance to the NCIP in the formulation of ancestral domain 
sustainable development and protection plans.  Separately, the 
Embassy of Japan, through a contribution by the Japan Social 
Development Fund to the World Bank's Agrarian Reform Communities 
Development Project, has provided financial assistance in five 
geographic areas -- Batanes Island, Tiwi Albay, Moncoayo, Davao 
City, and Davao Del Norte -- aimed at constructing bridges, 
farm-to-market roads, tribal halls, and water systems, as well as at 
developing livelihood programs for women.  The Embassies of Canada 
and New Zealand have also shown interest in contributing to the 
Commission's work. 
 
¶10. The USG, through USAID, is working to support IP groups in their 
efforts to take ownership and manage their ancestral lands in a 
sustainable manner.  Currently, USG assistance goes to the Agta and 
Bugkalot communities in Northern Luzon and the Manobo and T'boli 
communities in Mindanao for the formulation and implementation of 
ancestral domain sustainable development and protection plans, 
livelihood development, and resolution of conflicts over boundaries 
and resource use.  In Coron, Palawan Province, USAID assists the 
Federation of Tagbanwa communities in conducting coastal resource 
assessments and in establishing marine sanctuaries in their 
ancestral waters. 
 
¶11.  USAID has also provided technical assistance to NCIP to develop 
a joint protocol with the Department of Environment and Natural 
Resources to harmonize jurisdiction and permitting issues in 
protected areas.  In addition, through the Philippine Tropical 
Forest Conservation Foundation (a grant-making entity formed under 
the U.S. Tropical Forest Conservation Act), the USG has provided 
grants to the Kankana-eys and Ibalois in Benguet, Agtas in Bataan, 
Palawanos in Palawan, and Higaonons and Matigsalogs in Mindanao to 
support implementation of ancestral domain sustainable development 
and protection plans. 
 
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MIXED SUCCESS 
------------- 
 
¶12.  In addition to the lack of technical equipment and staff, 
concerns to date regarding the pace of reforms center on the 
inability of the Commission to conduct investigations and surveys in 
ancestral lands occupied by armed combatants.  A former staff member 
of the Congressional Committee on National Cultural Communities 
specifically cited Subanon in Mindanao as one of the areas in which 
militant groups control significant parts of ancestral land.  Other 
difficulties have arisen in areas where logging or mining 
corporations or the Department of Environmental and Natural 
Resources have competing interests.  Further, reports by human 
rights groups and the media have commented on the lack of 
enforcement of IP rights, sometimes intimating that government 
agencies and/or military units are complicit in failing to protect 
IP lands or rights. 
 
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COMMENT 
------- 
 
¶13.  The efforts by the Philippine government to preserve and 
protect the culture, traditions, and lands of indigenous peoples 
 
MANILA 00001995  003 OF 003 
 
 
over the past decade have been welcome, if still inadequate. 
Problems preventing the expeditious titling and recognition of 
ancestral lands run from the mundane -- people and equipment -- to 
the political -- armed insurgents and terrorist groups and internal 
government and business opposition.  Embassy will continue to 
monitor Philippine efforts help indigenous peoples and to designate 
ancestral lands, particularly those areas that are now occupied by 
armed insurgent groups, and will continue whenever possible to offer 
practical USG assistance programs. 
 
KENNEY