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of the provisions of IPRA, especially as regards the question of ancestral domain claims
and titles. The widest possible participation of indigenous peoples in the activities of NCIP
must be assured at all levels. Indeed, the Special Rapporteur recommends that NCIP call
for a National Consultative Assembly on these issues;
(b)
That Task Force 63 be maintained as the highest level for dealing with
emergency issues regarding indigenous peoples, under the chairmanship of the President of
the Republic;
(c)
That the Philippine judiciary fully respect the legislative intent and spirit
of IPRA and ensure that maximum favour be accorded to indigenous peoples in resolving
the issue of conflicts of law between IPRA and other national legislation such as
the 1995 Mining Act. Moreover, special training programmes should be designed for
judges, prosecutors and legal defenders regarding indigenous peoples’ rights and cultures;
(d)
That the National Commission on Human Rights (NCHR) expand its
activities in the area of indigenous rights and incorporate and train an increasing number
of indigenous legal defenders to be active in taking up the human rights grievances of
indigenous peoples. NCHR could, for example, spearhead a movement to create a broader
structure to determine and certify prior, free and informed consent by indigenous peoples,
whenever necessary;
(e)
That resolving land rights issues should at all times take priority over
commercial development. There needs to be recognition not only in law but also in
practice of the prior right of traditional communities. The idea of prior right being
granted to a mining or other business company rather than to a community that has held
and cared for the land over generations must be stopped, as it brings the whole system of
protection of human rights of indigenous peoples into disrepute. Bringing justice to
indigenous communities in the area of land rights is the great historical responsibility of
the present Government of the Philippines;
(f)
That the Government of the Philippines carry out a prompt and effective
investigation of the numerous human rights violations committed against indigenous
peoples, which have been documented by human rights organizations and special
fact-finding missions. The Special Rapporteur further urges the Government to take all
necessary measures to prevent a recurrence of human rights violations;
(g)
Given the severity of the various alleged human rights abuses and the
divisive effects on indigenous communities caused by irregular military units or
paramilitary groups, the Special Rapporteur urges that CAFGUs be withdrawn from
indigenous areas altogether, within the framework of a national programme to demilitarize
indigenous peoples’ territories. Furthermore, the Special Rapporteur recommends that
the Government of the Philippines take maximum caution to protect indigenous peoples’
rights during its military operations, in accordance with international humanitarian
standards;