E/CN.4/2003/90/Add.3
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their rights, lives and destinies through procedures determined by them. In delivering
development assistance, the consensus of all the members of a given community of indigenous
people must be determined according to their customary laws. Indigenous peoples have the right
to development in their ancestral domains, as well as the right to their cultural integrity.34
VI. CONCLUSIONS
60.
IPRA of 1997 is an important step forward in the official recognition of the rights of
the indigenous peoples of the Philippines that provides a normative legal framework for
their protection. Further efforts in this direction were undertaken by the establishment,
not without delays, of NCIP and Task Force 63 (which is, however, slated to be dissolved).
61.
The Special Rapporteur is concerned with the slow pace of implementation of the
provisions of IPRA, and he senses a loss of confidence among indigenous organizations in
the ability or willingness of government agencies to proceed actively with its effective
implementation. This perception applies especially to the crucial issue of claims to
ancestral domains and the issuance of land titles to indigenous communities. If this
problem is not properly and promptly addressed and the rights of indigenous peoples to
land, territory and natural resources are not fully respected, it is likely that further serious
social conflict and attendant human rights violations will occur. It is possible to speak here
of a human rights “protection gap” for indigenous peoples.
62.
The Special Rapporteur is concerned about multiple reports of serious human
rights violations involving indigenous peoples, within the framework of a process of
militarization of indigenous areas. Such abuses include attacks upon the physical integrity
and security of indigenous persons, dispossession and destruction of property, forced
evacuation and relocation, threats and harassment, disruption of the cultural and social life
of the community, in other words, the violation of civic, economic, social and cultural
rights. This situation has several aspects. On the one hand it involves units and military
personnel of the Philippine Army who have been accused of perpetrating such human
rights abuses, as well as local military irregulars such as CAFGUs and “private” armies of
local political and economic elites with the backing of members of the army hierarchy. On
the other hand, militarization is related to two concurrent processes: firstly, the powerful
interests of mining, logging and agribusiness enterprises, which acquire control over
indigenous lands and resources even against the wishes of the indigenous communities and
without their free and prior consent as the law establishes. Secondly, militarization takes
place in the framework of the counter-insurgency tactics of the Philippine Army in the war
against rebel groups, particularly NPA, in which indigenous communities may be caught
up as hapless victims.
63.
Human rights violations frequently occur as one of the negative effects experienced
by Philippine indigenous peoples of various economic development projects, including
dams, mining, logging and commercial plantations. Such effects upon the livelihoods and
lifestyles of indigenous peoples are aptly described as “development aggression”. They
involve damage to the traditional environment, involuntary displacements, threats to
health, disruption of the right to food and shelter, imposed changes in economic activity
and livelihoods, and cultural and psychological traumas. Such effects are particularly hard