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Short Observation Paper (ORTIZ)

Indigenous communities often face encroachments by corporations, logging activities, and land grabbing. These actions not only undermine the indigenous people's livelihoods but also erode their cultural heritage tied to the land.

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ALONA ORTIZ
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61 views2 pages

Short Observation Paper (ORTIZ)

Indigenous communities often face encroachments by corporations, logging activities, and land grabbing. These actions not only undermine the indigenous people's livelihoods but also erode their cultural heritage tied to the land.

Uploaded by

ALONA ORTIZ
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PDF, TXT or read online on Scribd
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What issues are shown in the documentary film and what relevant laws could be applied to resolve

these issues?

After watching the documentary film, it becomes evident that the indigenous people in the
Philippines face numerous challenges that affect their way of life and overall well-being. The video
sheds light on issues such as land dispossession, cultural marginalization, lack of access to basic
services (like education), and human rights violations. Additionally, it emphasizes the negative impact
of development projects, such as mining and deforestation, on their livelihoods and cultural heritage.
One of the key issues highlighted in the video is land dispossession, where indigenous
communities often face encroachments by corporations, logging activities, and land grabbing. These
actions not only undermine the indigenous people's livelihoods but also erode their cultural heritage
tied to the land.
Cultural marginalization is another concern depicted in the video, as the indigenous people
are often subjected to discrimination and prejudice, leading to limited opportunities for education,
healthcare, and economic advancement. Their traditional practices and knowledge systems are
undervalued, which further contributes to their marginalization within Philippine society.
Human rights violations against indigenous people, including forced displacements, are
alarming issues that need immediate attention. The video showcases the struggles faced by
indigenous communities when trying to protect their rights and lands against powerful interests.
To address these issues, the Philippines has implemented several laws that aim to protect
the rights of indigenous people. One significant piece of legislation is the Indigenous Peoples Rights
Act (IPRA) of 1997. This law recognizes and upholds the rights of indigenous communities to their
ancestral domains and self-governance (Republic Act No. 8371, 1997). It provides a legal framework
for securing and promoting the rights of indigenous peoples, including their right to participate in
decision-making processes that affect their communities.
Another relevant law is the National Commission on Indigenous Peoples (NCIP) Act of 1997.
This act establishes the NCIP as the primary government agency responsible for protecting and
promoting the rights of indigenous peoples. The NCIP plays a crucial role in mediating land disputes,
facilitating the recognition of ancestral domains, and ensuring the participation of indigenous
communities in matters affecting them.
Furthermore, the Anti-Discrimination Act (Republic Act No. 11313, 2019), which is currently
pending in the Philippine Congress, aims to address discrimination against indigenous people and
other marginalized groups. If enacted, this law would provide legal protection against discrimination
and promote equality for all.
Also, laws such as the Philippine Mining Act (Republic Act No. 7942, 1995), the Forestry Code
(Presidential Decree No. 705, 1975), and the Clean Air and Water Acts (Republic Act No. 9275, 2004)
provide mechanisms for sustainable resource management and protection of the environment since
indigenous peoples often face threats to their ancestral lands due to environmental degradation and
natural resource exploitation.
The Free Prior and Informed Consent (FPIC), although not a specific law, is a crucial element
in protecting the rights of indigenous communities. It ensures that indigenous communities have the
right to participate in and give their consent to projects, policies, or actions that may affect their lands,
resources, or rights (Baviera, 2009).
While these laws exist, their effective implementation remains a challenge. It is crucial for
the Philippine government, civil society organizations, and the international community to work
together to ensure that these laws are upheld, and the rights and welfare of indigenous people are
protected. Strengthening awareness, education, and capacity-building programs can also contribute
to raising public consciousness about the struggles faced by indigenous communities and fostering a
more inclusive and equitable society.

References:
Baviera, A. M. (2009). Indigenous peoples and their rights: Approaches to self-determination and free
prior and informed consent. Asian Perspective, 33(2), 131-157.
Presidential Decree No. 705. (1975). Revised Forestry Code of the Philippines. Retrieved from
https://www.officialgazette.gov.ph/1975/05/19/presidential-decree-no-705-s-1975/
Republic Act No. 7942. (1995). Philippine Mining Act of 1995. Retrieved from
https://www.officialgazette.gov.ph/1995/03/03/republic-act-no-7942/
Republic Act No. 8371. (1997). Indigenous Peoples' Rights Act of 1997. Retrieved from
https://www.officialgazette.gov.ph/1997/10/29/republic-act-no-8371/
Republic Act No. 9275. (2004). Philippine Clean Water Act of 2004. Retrieved from
https://www.officialgazette.gov.ph/2004/03/22/republic-act-no-9275/
Republic Act No. 11313. (2019). Philippine Safe Spaces Act of 2019. Retrieved from
https://www.officialgazette.gov.ph/2019/04/17/republic-act-no-11313/

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