E/CN.4/2003/90/Add.3
page 14
and therefore was used to justify extending rights to private commercial interests. The tension
generated by these problems has frequently led to protest action by indigenous organizations,
leading to confrontation and conflict. In numerous cases, indigenous activists have been
prosecuted, harassed, detained and imprisoned for their involvement in the protection of the
rights of their environment and communities.
•
The Kankaney people in Bakun Benguet (Luzon) reject a proposed mini-hydro
project involving the construction of a tunnel passing under their territory, to which
they did not give their prior consent and which they believe will adversely affect
them by diverting river water needed for their traditional agricultural activities.13
•
In the early nineties around 67 T’Boli families of Sitio Datal Bonlangan in Mindanao
were evicted from their ancestral domain by a private company, which took over their
land under a government-approved contract to fell trees in the forest and turn it into a
coffee plantation, as well as for other activities. While eventually some of the evicted
families returned to their village, the community is still claiming access to its land
and resolution of the long-standing conflict.14
•
The San Roque Multipurpose Project in the Cordillera region involves the
construction of a large dam, which will affect several municipalities and is expected
to flood eight indigenous villages. After several years of protest and negotiations
indigenous peoples were enjoined to accept the project, despite their original
resistance to it and the fact that they were not at all involved in the planning and
execution of the project. Proprietary ancestral rights of indigenous families have not
been given due recognition and their livelihoods are forever being changed.15
•
The Carino family of the Ibaloy tribe in Baguio-Benguet (Luzon) is still awaiting
the restitution of its ancestral domain claim after almost a hundred years of legal
action involving the Spanish and American colonial administrations as well as the
Government of the Philippines, and despite a decision in their favour by the
United States Supreme Court in 1909.
•
In the same Baguio City area nine Ibaloy clans demand that 250 hectares of their
ancestral domain be segregated from an area known as Happy Hollow, a part of the
old John Hay American military camp, designed to become a tourist destination.
They wish to keep full control of their traditional land rather than accept a
government plan to subdivide it into individual home lots.16
•
For over 10 years 256 Tagbanua families on Calauit island (Palawan, Visayas) have
been reclaiming their ancestral lands, which by presidential decree were turned into a
sanctuary of African animals. The families had to suffer relocation under stress and
duress.17
•
The Subanon tribe of Zamboanga peninsula (Mindanao) have been forced over
several decades to migrate into the mountains and forests, pushed by an increasing
number of settlers from other areas and government development projects, including
commercial tree plantations on the Subanon’s ancient lands, the conversion of forests