E/CN.4/2003/90/Add.3
page 13
28.
However, the Special Rapporteur noted that indigenous knowledge systems, particularly
those regarding environmental management and the subsistence economy, have come under
increasing pressure from outside economic forces in recent years. Indigenous communities are
justly proud of their traditional knowledge and concerned about its preservation and protection.
This is part of their cultural integrity, considered to be an important and justiciable human right.
Therefore, the intellectual property of indigenous peoples should be a matter of high priority at
all times.
IV. MAJOR HUMAN RIGHTS ISSUES FOR PHILIPPINE
INDIGENOUS PEOPLES
29.
The major human rights issues faced by indigenous peoples in the Philippines are closely
linked to various underlying economic, social and political factors. Widespread poverty among
the indigenous peoples is related to the land issue and to the unevenly distributed benefits of the
economic development process. Social and political unrest in rural areas has also led to civil
armed conflict in various parts of the country. The following human rights issues and problems
deserve special mention.
A. Resource management and sustainable development
30.
The land rights problem is closely related to the issues surrounding economic
development strategies as they affect the areas in which indigenous peoples live. Numerous
indigenous communities have taken advantage of new economic opportunities provided by
changes in productive activities, adjusting their lifestyles accordingly. Others, however, have
felt the negative impacts on their lives of such changes, which frequently occur without their
prior consent. Many communities resist being forced or pressured into development projects that
destroy their traditional economy, community structures and cultural values, a process aptly
described as “development aggression”.
31.
Serious human rights violations have been reported to the Special Rapporteur regarding
the implications for indigenous communities of economic activities such as logging, mining,
multi-purpose dams, commercial plantations and other development projects. Of particular
concern have been the long-term effects on the environment and the livelihood of indigenous
peoples of open-pit mining, and the expansion of existing mining operations. Sometimes, the
effects appear to have been catastrophic for the people concerned, and entire areas are reported to
have been devastated without regard to the wishes and rights of indigenous communities.
Special attention should be given to the pollution and deterioration of the supply of fresh water
for human consumption and agricultural activities in some areas.
32.
Legal safeguards such as those referring to the free, prior and informed consent, as well
as the requirement of environmental impact and assessment studies before undertaking
development projects, are recognized in principle. The Special Rapporteur noted, however, that
indigenous peoples’ concerns are generally not given due attention, and that powerful economic
and political interests prevail over their legitimate rights. Sometimes, officials argue that
because no ancestral domains claim was filed this “proved” the absence of claimants or rights