16
cover LILAK (Purple Action for Indigenous Women’s Rights) with Pambansang Kongreso ng Kababaihan sa Kanayunan (PKKK) and Alyansa Tigil Mina (ATM) National Indigenous Women’s Gathering 2012 EXECUTIVE SUMMARY FORGING INDIGENOUS WOMEN SOLIDARITY TOWARDS A COLLECTIVE STRUGGLE FOR RIGHTS LilakExecReport.indd 1 6/18/13 5:12 PM

FORGING INDIGENOUS WOMEN SOLIDARITY …lilak.net/wp-content/uploads/2017/02/lilakExecSum_pub.pdfthe Executive Order 79, 4Ps (Pantawid Programa para Pamilyang Pilipino), implementation

Embed Size (px)

Citation preview

cover

LILAK (Purple Action for Indigenous Women’s Rights)with

Pambansang Kongreso ng Kababaihan sa Kanayunan (PKKK) and Alyansa Tigil Mina (ATM)N

atio

nal I

ndig

enou

s W

omen

’s G

athe

ring

2012

EXEC

UTI

VE S

UM

MA

RY

FORGING INDIGENOUS WOMEN

SOLIDARITY TOWARDS A

COLLECTIVE STRUGGLE FOR RIGHTS

LilakExecReport.indd 1 6/18/13 5:12 PM

FORGING INDIGENOUS WOMEN SOLIDARITY TOWARDS A COLLECTIVE STRUGGLE FOR RIGHTS

EXECUTIVE SUMMARY2012 National Indigenous Women Gathering

October 16-19, 2012PHALTRA Bldg. U.P. Village, Quezon City

Philippines

Forging Indigenous Women SolidarityTowards a Collective Struggle for Rights:2012 National Indigenous Women’s GatheringExecutive Summary

Published by:LILAK (Purple Action for Indigenous Women’s Rights)# 19 Maginhawa St., U.P. Village, Diliman,Quezon City, Philippines

All rights reserved. 2012.The contents of this publication may be reproduced, quoted or used as reference provided that LILAK, as publisher, and the writers and photographers, will be duly recognized as the proper sources. LILAK would appreciate receiving a copy of the text in which contents of this publication have been used or cited.

EditorsJudy Pasimio and Den Ismael-Villota

Lay-out and Cover DesignSusan Corpuz

PhotographsSusan CorpuzRomel de VeraErwin Quiñones

LilakExecReport.indd 2-3 6/18/13 5:12 PM

Contents

1 Introduction ❖ 6

2 The 2012 National Indigenous Women Gathering ❖ 8

3 Summary of Proceedings ❖ 11

4 Actions and Recommendations ❖ 17

5 The National Indigenous Women Declaration 2012 ❖ 20

6 The National Steering Committee 2012-2013 ❖ 29

✿✿✿

ACKNOWLEDGMENT

LILAK (Purple Action for Indigenous Women’s Rights), Pambansang Kongreso ng Kababaihan sa Kanayunan (PKKK) and Alyansa Tigil Mina (ATM) would like to thank the following individuals and organizations for their help and assistance: Erwin Quiñones, Jeffrey Quinto, Richard Fabian, Ate Maui and Gigi Bedro, Legal Rights and Natural Resources (LRC-KsK) and Philippine Association for Intercultural Development (PAFID).

LilakExecReport.indd 4-5 6/18/13 5:12 PM

Introduction

1

In the first National Indigenous Women Gathering in 2011, held in Koronadal, the 54 indigenous women collectively discussed their local situation within their families, and their communities. They talked about the increasing hunger, the difficulty in sending their children to school, the lack of health care for their sick, the mothers and the newborn babies, and the continuing discrimination against them as indigenous, and as women. They shared the different and yet similar experiences of loss, damage and becoming poorer from the government projects such as mining, and large dams. They discussed the different government programs which they were told would help them improve their lives, and the new President Aquino whom they heard said – “kayo ang boss ko.” They felt hope, and thought change was coming.

But on the third day of the gathering, they realized that the Aquino government has not taken any bold steps away from the direction of the past Arroyo administration – same policies of favoring foreign investments’ entry into the ancestral domains, of looking at natural resources as sources of profit rather than of life; policies which ask rural and indigenous communities to make sacrifice for the benefit of the already privileged Filipinos. And so when the indigenous women were asked to “grade” the first year of the Aquino administration, they said that P’noy failed to pass the test of their being an ally.

There was also a rich discussion on the different challenges in broadening their ranks – lack of resources, need more allies and friends, and more commitment from among themselves to learn, to reach out to others within their communities, and to the other women from different communities and sectors.

As part of their next actions, the 2012 National Indig-enous Women Gathering was planned. The planning was led by the Indigenous Women Steering Committee, members of which were chosen by the participants from the different communities.

On October 16-19, 2012, the 2nd National Indigenous Women Gathering was held in Manila, participated in by 42 indigenous women, coming from 14 tribes and sub-tribes from around the country. This was part of the celebration of the International Rural Women’s Day, and the Indigenous Peoples Month. In 2012, there were sup-posed to be policy developments which were hoped to address the issues articulated by the indigenous women – new mining policy, new guidelines on Free, Prior and Informed Consent, among others, the new Framework on Bangsamoro. But how do these policies affect the lives of indigenous communities, particularly women? These were the questions they asked, and different answers were ex-plored. Joining the indigenous women in their discussions were friends and allies as well as resource persons from different government agencies such as National Commis-sion on Indigenous Peoples, Philippine Commission on Women, Department of Social Works and Development.

In this publication, we share the highlights of the discus-sions, with the hope that friends and networks can join in and continue the conversations with us, and sharpen the debate on how these policies are even relevant to the lives of the indigenous women; and if not, how then to make them. The 2012 Declaration articulates the different is-sues and concerns of the indigenous women, and is being shared to enjoin solidarity and collective action among us advocates, and fellow resisters against discrimination, marginalization, and commercialization of natural re-sources, and of life.

On October 18, right in the middle of the gathering, Juvy Capion, a B’laan woman leader, was brutally killed, along with her 2 sons, and injured her 4 year old daugh-ter. Juvy, along with her husband Daguil, was very active in campaigning against Xstrata Mining Company and the Tampakan Copper Project. The news of the massa-

cre was received with a lot of grief and anger among the participants, especially that among them were survivors themselves of killings, threats and other forms of harass-ment. This made them even more resolved to be stronger and more determined in their struggle for their rights, for their lives.

LILAK (Purple Action for Indigenous Women’s Rights) along with Alyansa Tigil Mina (ATM) and Pambansang Kongreso ng mga Kababaihan sa Kanayunan (PKKK), commit to continue their support, and their solidarity to the future actions of the indigenous women of this gathering. This publication hopes to reach out to more organizations, institutions and individuals who will sup-port, and be part of the growing movement of indigenous women and advocates working towards a more inclusive, nurturing, non-discriminatory, just and sustainable fu-ture.

judy a. pasimioLILAK (Purple Action for Indigenous Women’s Rights)April 2013

6 7

LilakExecReport.indd 6-7 6/18/13 5:12 PM

2012 National Indigenous Women Gathering

The theme of the 2012 National Indigenous Women Gathering was “Indigenous Women: Asserting Rights, Forging Solidarity”. Held in October, this was part of the one-month celebration of the Tribal Filipino Month as well as the International Rural Women’s Day (Oct. 16). It was attended by 42 indigenous women, coming from 14 tribes within the country - Aeta, Ibaloi, Ifugao, Dumagat, Mangyan, Pala-wan, Kankanaey, Bukidnon, Higaonon, Blaan, Subanen, Teduray, Manobo and Mandaya. The participants were also from different national indigenous peoples formations which represented the broad reach of the network – KASAPI, KATRIBU, PKKK (Pambansang Kongreso ng Kababaihan sa Kanayunan) and community partners of LRC-KsK.

Within the three-day program of the gathering, the indigenous women visited the 2011 declaration, particularly the context that has been described there which the indigenous women were in, and the issues that have been identified as urgent. They exchanged stories and gave testimonies on how their lives have improved, or worsened, focusing on the key issues from the 2011 declaration. As part of the learning and awareness-raising of the participants, there were invited resource persons to provide policy updates on these issues – revised Free, Prior, Informed Consent (FPIC) guidelines issued by the National Commission on the Indigenous Peoples (NCIP), on mining, particularly

Forging Indigenous Women Solidarity Towards A Collective Struggle For Rights

Subanen leader Nilda Mangilay led the protesters in a prayer during the Anti-Mining Caravan at Mendiola Bridge. October 17, 2012. Manila.

2

the Executive Order 79, 4Ps (Pantawid Programa para Pamilyang Pilipino), implementation of the Magna Carta of Women, and the new Framework Agreement Bangsamoro.

From all these discussions with the resource persons from NCIP, Department of Social Welfare and Development (DSWD), Philippine Commission on Women (PCW) and support groups such as the Legal Rights and Natural Resources Center (LRC-KsK) and GZO-Peace Institute, and among themselves, the participants drafted the 2012 Indigenous Women Declaration which articulated the key issues that affect their communities, their lives, and their struggles for change – the increasing poverty,

the discriminatory processes of 4Ps which should be contributing in poverty alleviation, but instead proving to be additional burden to the indigenous women, the aggressive and systematic commercialization of natural resources on which they are heavily dependent, through mining and the new E.O.79; there are forestry programs which also pose threats to their communities such as REDD (Reducing Emission through Forest Degradation and Deforestation), and the National Greening Program; the unclear and confusing revised guidelines of the Free, Prior and Informed Consent (FPIC); and the new Framework for Bangsamoro Agreement has yet to be explained, and analyzed as to how this will impact on the claims, struggles and lives of indigenous communities. The most pressing, and urgent, that was discussed lengthily was the issue of the killings of indigenous leaders, and

children. Among the participants was Delma Manda, the mother of Jordan Manda who was shot in an ambush in Bayog, Zamboanga. Also among the participants were indigenous women leaders from the areas of Tampacan Mining, and were deeply affected, and agitated, with the Tampacan Massacre during the gathering.

Launch of the” Stories from the Mines: of struggles, solidarity and sisterhood”

The killings and threats against indigenous leaders are mostly happening within mining-affected communities. The level of violence has been increasing dramatically within these areas. Stories of how women leaders have had to deal with these threats, as well as survive the killings of their husbands, and their children, were part of the collection of stories “Stories from the Mines: of struggles, solidarity and sisterhood”. This collection was launched as part of the national gathering, as there were indigenous women participants who were featured in the collection, along with other rural women leaders, and advocates. During the launch, other women featured in the collection were invited – from Sibuyan Island, Marinduque, Manicani, Olongapo, and from different support groups. The collection of the stories was led by the Alyansa Tigil Mina (ATM), with collaboration from LILAK (Purple Action for Indigenous Women) and PKKK. The collection of stories was a clear testimony of women’s commitment to fight for their communities, their families, and their lives, against the destruction and devastation caused by mining operations in their lands. The participation of women from different sectors – fishers, farmers, rural workers, indigenous communities, support groups, religious, legislators – was also a clear manifestation of deep solidarity and sisterhood among the women.

Participation in the Women’s Market

An integral part of the three-day program is the participation of the indigenous women to the Women’s Market organized by the Pambansang Kongreso ng Kababaihan sa Kanayunan (PKKK). On the first day of the gathering, the indigenous women attended and participated as part of their learning activity, the forum of PKKK on “Rural Women’s Market and Local Economy Development”. There were several communities from the indigenous women participants who sent their local agriculture and agri-based products made by

Participants attend the book launchng of “Stories from the Mines: of struggles, solidarity and sisterhood”, a collection of stories on how women fought against mining corporations and the destruction it brought to their communities.

8 9

LilakExecReport.indd 8-9 6/18/13 5:12 PM

women (eg. Mangyan, Ifugao, Tiboli, Subanen, Aeta, Manobo, among others). There was a booth to display and sell these products sponsored by LILAK as part of their participation in the 3-day Rural Women’s Market. This experience has provided an opportunity among the indigenous women to reflect on the potentials of their products, and the need to give proper attention and more structured program to develop their products, as well as the accessibility to markets.

Solidarity

During the book launch, and on the last day of the gathering, different support groups – from human rights, environmental, women, and funding institutions – were present to show and pledge their support to the struggle of the indigenous women, and to the different initiatives they have to empower themselves, and strengthen their movement. This was very encouraging for the indigenous women themselves, as well as LILAK, to pursue the plan of action they have drafted together.

Indigenous Women Steering Committee 2012

A steering committee of indigenous women for 2012 was formed, with members selected by the assembly. The main task of the steering committee is to represent the assembly in bringing the 2012 Declaration to the different relevant national agencies, policymakers, and support groups. The steering committee is also tasked to

identify concrete activities for the year with the objective of capacity building of the participant, and prepare for the 2013-2014 National Indigenous Women Gathering.

The Steering Committee members come from the different indigenous communities, with geographical representation, as well as representatives from the two big national federations – KATRIBU and PKKK.

LILAK has committed to coordinate the meetings and the activities of the 2012 Steering Committee of the National

Indigenous Women Gathering; as well as fund raise for these actions.

The 2012 National Indigenous Women Gathering and the National Launch of the “Stories from the Mines: of struggles, solidarity and sisterhood” were organized by LILAK (Purple Action for Indigenous Women’s Rights), ATM and PKKK. These were also made possible through the generous support of Keepers of the Earth Fund and Oxfam GB, and local funders, Philippine Tropical Forest Conservation Foundation (PTFCF) and Foundation for Philippine Environment and Foundation for Sustainable Societies Inc (FSSI).

§Subanen women leaders don their traditional dress as they dance and sing with other indigenous women leaders during the solidarity night.

Part of the participants’ learning experience is on how to market their products such as these traditional Subanen necklaces and bracelets which were made aviailable for sale during the 3-day Rurual Women’s Market at the Quezon City Hall.

The 5Ps: Problematikong Pantawid Pamilyang Pilipino Program

The Pantawid Pamilyang Pilipino Program (4Ps) also known as the Philippines conditional cash transfer (CCT) program was launched in 2007 by the Department of Social Works and Development (DSWD) as part of the government’s Millennium Development Goals to solve the poverty incidence in the country, aiming to cut in half the number of people living below the poverty threshold by 2015. However, since its implementation, indigenous women found the program to be causing more difficulties and problems for them than actually benefitting from the program.

Participants, speakers, sponsors and guests discuss, share stories and plan during the 4-day National Indigenous Women’s Gathering at the PHALTRA Bldg. U.P. Teacher’s Village. Quezon City.

3

❁SUMMARY OF THE PROCEEDINGS

10 11

LilakExecReport.indd 10-11 6/18/13 5:12 PM

The concerns of the indigenous women start from the very initial step of identification of beneficiaries. A big percentage of indigenous women live outside the poblacion or town proper. Their communities are up in the mountains, and/or across rivers and lakes. They are usually out of the radar of the DSWD enumerators who will rely heavily on the list of the barangays and other local government units. This results to not being part of the list of the beneficiaries.

Then there is the matter of documentary requirement – such as birth certificate and marriage certificate. For those women who give birth at home, no birth certificates are given to their children. Wedding ceremonies are usually based on traditional practices of the tribes or indigenous communities, and no marriage certificates are being issued. This requirement pose not just difficulty for qualification, but clearly discriminates against them who still practice and live their customs and traditions.

While there were assessments and evaluations of 4Ps conducted by DSWD, these were conducted with the tribal chieftains and indigenous leaders who were mostly males. Since it is the women who are the main beneficiaries of the program, it is just rightfully expected that the women are first and foremost to be consulted on the program. This is also to ensure that actual experiences and concerns on the implementation of this program are articulated and discussed.

These are just but some of the basic issues that have been consistently articulated by the indigenous women. Below are some other equally important issues and problems the indigenous women have experienced in 4Ps: 1) The DSWD and other governments agencies are inefficient in setting up support structures to deliver benefits to legitimate beneficiaries most especially the indigenous people. 2) The 4Ps failed to recognize or incorporate indigenous traditions and practices in the terms the conditions such as submission of required documents set by the program. 3) The geographic location, peace and order situation and physical conditions experienced by indigenous people are not considered thus receiving their benefits proved to be inconvenient and at times dangerous. 4) Local politicians take advantage of the program for their personal campaign platform. The delegates reported incidences where beneficiaries are delisted from the program or denied of their benefits if they do not support the local politician or known to be anti-mining.

The delegates learned new information on the 4Ps, such as: beneficiaries’ automatic membership to PhilHealth; the LGUs duty to provide structures for basic services and make these accessible; free birth registration; alternative modes of claiming benefits; “anti-epal” campaign; tribal chief officiated marriage certificate is accepted; regional office of DSWD offers financial assistance and the monthly allocation for FDS where NGOs can act as trainers.

The concept of a Modified CCT was introduced. The Modified CCT aims to prioritize children who are specially-abled children, displaced, victims of human trafficking, indigenous peoples and single parents. Convergence of other government agencies and programs operates to expand the coverage, benefits and funding ability of the 4Ps. Also in effect is the inclusion of indigenous people data in NSO forms. These new information and developments were welcomed by the participants as they look forward for more relevant improvements in the program.

On the Environment and Natural Resources

Large-scale commercial mining, logging activities and foreign-owned plantations have encroached upon ancestral domains, protected areas as well as watersheds. The impacts of these activities have for many years proved to be detrimental to the environment and to the lives of indigenous peoples. Yet such mining and logging companies continue to operate and have in fact become even more aggressive amidst the complaints filed by the indigenous peoples. It would take years of filing complaints, staging rallies and protests for the indigenous peoples to be heard. The government’s delayed response to the petitions regarding the environmental grave impacts should mining be allowed to operate has in the process caused serious incidents of accidents, flooding and landslides damaging further the environmnet and the putting the community in danger where leaders are dying, as well as getting killed as anti-mining protests escalate. Conchita Bigong, an Alangan-Mangyan leader of Mindoro recounted, after 10 years of protest against the Intex Mining Company, she and other Mangyan leaders had to resort to a hunger strike for more than 10 days in front of the DENR. This resulted to the suspension of the mining permit in the Mindoro area.

Over the two years of the Aquino government, there have been serious mine accidents, deadly floods and landslides have been attributed to mining and logging, and armed

conflicts arise from these rich-resources areas. Regardless of the calls to stop large scale commercial exploitation of minerals, large-scale mining applications are encouraged by the Aquino administration in the forms of incentives and streamlined permitting processes. As more and more hectares of land are being stripped off their natural resources, sources of subsistence are being destroyed and gone forever. A denuded forest is vulnerable to disasters, landfalls, flooding rendering the indigenous people especially the women and children to become victims by such activities. Their livelihood and even their health become affected. Such is the case in Nueva Viscaya where the Australian Oceana Gold Company’s wastes have contaminated the community’s river emitting strong intolerable stench and choking dust everywhere placing the people’s health at risk.

In all of these increased vulnerabilities, hunger and poverty, it is the women, as the primary carers and nurturers of the families and communities, who experience additional burden of looking for alternative ways to feed and care for the families.

The indigenous women have been consistently disclosing their situation and have been asking for policy changes that would stop these destructive commercial activities within their domains, particularly in mining. The Free, Prior and Informed Consent (FPIC) which was designed to recognize the right of indigenous peoples to decide over their territories, has been used against them, and to further the interests of the mining companies. During this year’s gathering, they shared their stories on how they were divided, deceived, and betrayed by the FPIC processes.

On Free, Prior and Informed Consent (FPIC)

“The operating principle on why we have these guidelines such as the FPIC that is in the IPRA Law is empowerment. FPIC is one process under the IPRA law wherein the indigenous people is given a voice, can freely express their opinion, have the courage to say “yes’ or “no” to the programs that will be presented to them in relation to their ancestral domain.”, said Atty, Jillian Donoan, director of NCIP, during her talk on the revised FPIC guidelines.

Past experiences taught the indigenous women to become more discerning on policies such as the FPIC. It can’t be helped but to look at the FPIC as a double-edged

sword – on one side as a weapon for empowernment but on the other side it can also be a tool for manipulation. And this has been proven by the numerous complaints filed by the indigenous people which later necessitated revisions on the FPIC.

Atty. Donoan highlighted certain points of the revised FPIC guidelines. She explained the definition of plans, projects programs and activities (PPPA’s) that are considered extractive, intrusive and large scale; the process of application of PPPA’s; the role of the First Community Assemply and the Second Community Assdembly; the contents of the MoA and how these are validated.

The participants expressed concerns and asked for clarifications on the inclusion of the reconsideration appeal which they see as s a loophole where companies can manipulate the process. Bribery and corruption involving parties from so-called tribal leaders, the companies and NCIP on the signing of MoAs still exists.

The participants asked: What is the basis of the inclusion wherein the company can file for a reconsideration or an appeal. Is it a way of the company to subvert or manipulate the process so they can get a positive response? Atty. Donoan replied that that section was included without any malice; just to give the company a chance.

On the issue of royalty, Atty. Donoan explained that royalty should not be lower than 1% of the gross production however this can be negotiated if more than 1% is desired. Royalty should be released directly to the account of the IPO of the indigenous people/ICC duly established for the purpose; to a trustee bank agreed upon which shall, in turn be responsible for releases to the IPO account. In both cases, no release shall be made by the company to the IPO without the concurrence of the Commissioner from the Region and the Chairperson of NCIP duly secured by the IPO.

In response to the new and amended provisions of the FPIC guidelines, a crtitique was presented by Atty. Grace Villanueva, Executive Director of the Legal Rights and Natural Resources (LRC-KsK).

She noted that though the E.O. 79 introduced new provisions, the framework on mining remains the same (RA 7942). The E.O. did not address issues on human rights and legal violations of the mining companies.

12 13

LilakExecReport.indd 12-13 6/18/13 5:12 PM

Questions were raised on how will this address the issues and problems raised by the indigenous people women, such as the issue on representation, the identification of leaders and the decision-making practices. More clarification is needed on the definition between “ownership” and “existing priority rights”.

Regardless of said revisions of the FPIC guidelines, there are no actions for the suspension of SMI and Oceana Gold; or moratorium on projects of foreign and local companies in other ancestral domains.

There is a need to stop issuance of permits and recall permits without FPIC. The participants affirmed to discuss this issue and the new FPIC guideline with NCIP. and come about with concrete solutions should be agreed upon by all concerned. The consultation process and/or consensus-building process are not thoroughly practiced wherein chieftains are bypassing other members of the community. Also, the participants foresee the provision on migrant IPs will later pose a problem in consensus-building.

Atty. Villanueva said regarding Memorandum of Agreement (MoA) negotiations, the conditions such as lack of technical knowledge, skills and literacy pose imbalance in the negotiating table. How well represented is the community to balance the “power” during negotiations?; on post-MoA signing (such as getting a copy of the MoA and monitoring and evaluation of the projects)? The NCIP as the requisite approval body of community projects is also questionable, she said.

The indigenous people expererience threats and harrassment because of the development projects entering their ancestral domain. Thus, the participants asked the NCIP to take an active role in protecting indigenous people from killings, harassments and threats.

On Discrimination

Women experience discrimination everyday, in different ways and forms. Women are looked down upon as inferior and treated as secondary in her contribution to society. The stereotyping of women in the workplace, in the hospital and in public makes her situation even more difficult.

Indigenous people, especially women are being discriminated by institutions in ways such as not being

prioritized in government programs, projects and activities like the 4Ps, disaster response, health care, social pension and peace talks.

Kakay Tolentino of Katribu said that indigenous women are being discriminated because of their appearance, skin color, body odor, economic status, educational attainment and way of living. The women’s role in decision-making is seen as less important; or in forums, they are given less privilege to speak because on the assumption that indigenous women are not intelligent.

In Saranggani, for example, Robina Poblador, a B’laan leader said that her people are called “Black B’laan” because when their children play they would be covered with dirt. Usually the indigenous people walk from Sitio Murok to the health center in the city. They reach the city wearing no slippers, perspiring and smell of dirt and sweat. People would whisper, commenting on how the B’laan walk “like a dog” because they cower down when they walk in front of other people.

Zeny Mansiliohan from Agusan del Sur observed that there is discrimination even among women and even more among indigenous people due to different values, practices and attitude. As a child, she was told not to laugh loudly because this is considered flirting. She sometimes finds herself guilty in thinking that non-indigenous women are more attractive.

A manobo woman shared her experience of discrimination when as a teenager, she fell in love with a military man. He was her first love, she said. Her boyfriend introduced her to his family who are christians but they shouted at her and called her people “mga hugawan, mga mangmang” (ignorants).

These are some of the stories shared by the participants during the NIWG. Their stories showed the levels of discrimination as manifested by way of ethnicity (even within or among tribes); belief systems (between Indigenous Peoples, Moro, Christians, etc.); class (between rich and poor); educational attainment; and gender (where cultural limitations are imposed to women).

These manifestations were explained further during the presentation on the Magna Carta of Women given by Ms. Carol Bello of Philippine Commission on Women (PCW) . The Magna Carta of Women (R.A. 9710) or the

Comprehensive Women‘s Human Rights Law guarantees and recognizes women’s basic rights. “This is the most important instrument or document that can instruct the people against discriminatory practices and policies in government, private entities and individuals. The content of this Magna Carta is the result of the struggle of women for recognition and protection of their rights.”, Bello said. She further reads that in the Magna Carta, it is written that “(t)he role of the State is to be the primary duty-bearer to (a) refrain from discriminating against women and violating their rights; (b) protect women against discrimination and from violation of their rights by private corporations, entities, and individuals; and (c) promote and fulfill the rights of women in all spheres, including their rights to substantive equality and non-discrimination.”

Also in the Magna Carta is the Rights and Empowerment of the Marginalized. The rights listed are the following: Right to Food Security and Productive Resources; Right to Housing; Right to Decent Work; Right to Livelihood, Credit, Capital, and Technology; Right to Education and Training; Right to Representation and Participation; Right to Information; Social Protection; Recognition and Preservation of Cultural Identity and Integrity: participation in discussions and decision-making in the peace process; inclusion of women’s concerns in the peace agenda; consideration for the specific needs of women and girls in the protection of civilians in conflict-affected communities; inclusion of peace perspective in education curriculum; recognition and support for women’s role in conflict-preventions, management and resolution and peacemaking, and in indigenous systems of conflict resolution; Services and Interventions for women in especially difficult circumstances (WEDC); Protection of Girl-Children; Protection of Senior Citizens; Recognition and protection of women’s rights defined under the Magna Carta of Women, including the right to non-discrimination; and Prohibition of discrimination against women.

On Reproductive Self-Determination

Women should be given the choice on when, where and how to give birth. It is clear that this issue is a matter of choice among the indigenous people women because these practices are accessible, affordable and according to their culture and tradition.

Culturally appropriate and accessible health care for

women should be provided by the government and that indigenous people women should not be charged Php1,500 fee to give birth in clinics and health centers.

The participants call for the decriminalization of the traditional health practices especially in giving birth. Practices such as paltera, mangunguyapi, and hilot should be recognized by the government through trainings and issuance of certifications.

Threats on the lives of Indigenous Women Leaders and their Families

Many human rights defenders particularly indigenous women leaders are being harassed and threatened by groups affiliated with large-scale mining companies. The delegates call for the recognition of the rights of women human rights defenders; give protection and security to the women leaders and their families.

The presence of military and para-military groups in indigenous people communities where mining and logging activities are taking place, pose fear and disruption on the normal lives and activities of the people in the community. Indigenous women leaders and their families who oppose the mining and logging activities are being harassed, received death threats and some were even killed.

More victims of harassment and killings such as the massacre of the Capion family, prove that the lives of women leaders and their families are in danger which warrants efforts to ensure their safety.

On Peace

The indigenous people has always been affected by the peace situation in the country. Most often, the Ancestral Domains become the battle grounds or sites of conflict between government and rebel forces from the communist part side and the Moro forces.

Women and even children are affected by the conflicts wherein they directly become victims of crossfire or indirectly through red-baiting or accusation of being rebel supporters.

As the NIWG was being held, another historic event simultaneously took place at the Malacañang Palace– the signing of a peace agreement to end the bitter war between

14 15

LilakExecReport.indd 14-15 6/18/13 5:12 PM

the Philippine government and the people of Bangsamoro. The agreement hopes to achieve the establishment of the Bangsamoro; a power-sharing and the recognition of “Bangsamoro” Ministerial State; wealth-sharing from revenues of economic activities; “normalization” of war and basic human rights; and the creation of a Transition Commission and the “Basic Law”.

Unlike the Memorandum of Agreement on the Ancestral Domain (MoA-AD), the Framework Agreement on the Bangsamoro (FAB) gives indigenous people the option to join Bangsamoro. Bangsamoro is defined as “(t)hose who at the time of conquest or colonization, were considered natives or original habitants of Mindanao, the Sulu Archipelago and its adjacent islands including Palawan and their descendants whether of mixed or of full blood has the right to identify themselvess Bangsamoro by ascription or self-ascription.”

Ms. Karen N. Tañada, Executive Director, GZO-Peace Institute, explained that the Framework Agreement on the Bangsamoro (FAB) has implications on the Indigenous Peoples, on their identity, rights, customs and traditions and their representation to the Transition Committee.

On the issue of identity, the indigenous people may be included in the FAB but the decision depends on the indigenous peoples. The freedom of choice of other indigenous people shall be respected.

The FAB’s implications on indigenous people’s rights, customs and traditions can be seen in the actual document which states that, “(t)he customary rights of the indigenous people shall be taken into consideration in the formulation of the Bangsamoro’s judicial system.” For example, the Shari’ah courts applies only to Muslims. Furthermore, “(t)his may include the recognition of indigenous processes as alternative modes of dispute resolution.” Ms. Tanada said, “The Bangsamoro may absorb other indigenous judicial process. Vested property rights shall be recognized and respected. For example, Christians with existing property/properties inside the territory are to be recognized. However, it is not clear as regards to Ancestral Domain. Although the agreement states the recognition of the IPs, it does not categorically defines its position and approach regarding the Indigenous Peoples Rights Act (IPRA).“

The agreement recognizes the need for indigenous people representation in the Transition Commission however it

does not tackle on the specifics.

As regards to the peace talks between the government and the NDF, Ms. Tañada said that many were hopeful but the talks did not progress. There are rumors that the talks might resume on June 2012.

The speaker further said, “I think that the indigenous peoples should have a strong voice regarding this issue because of the areas affected by the GRP-NDF conflict. Many become victims of extra judicial killings on both sides or being recruited by CAFGU or NPA.”

The indigenous women expressed their disappointments on the outcome of the peace talks on both the GHP-MILF [Philippine Government (GPH) and the Moro Islamic Liberation Front (MILF)] and the GRP-NDF. The participants foresee and fear that the GHP-MILF agreement might become a possible venue for disagreement and conflict between indigenous peoples and moros whose ancestral domains are within Bangsamoro territory. While on the otherhand, since the GHP-NDF talks are still not progressing, the ongoing conflict and NDF’s non-recognition of indigenous peoples’ ownership of ancestral domains makes indigenous peoples unwilling victims of war.

The speaker observed that in this session many among the delegates, among the indigenous people, have ill-feelings, doubts and fears on the implications of the signing of the FAB. As the speaker concluded her talk, she stated, “This is a long struggle and the agreement signing is their effort to end the war between them. This is just one of the many steps they need to because the whole country, even those who do not live in the conflict area are affected by this war. Therefore, we implore everyone to give peace a chance and also to take this chance and ensure to take part in the peace process. This is a challenge. I suggest that the relationship between indigenous women and moro women should be forged, to be open to the idea or sharing of experiences and issues as “women”.”

§ Actions and Recommendations

4

❁16 17

On Discrimination - The National Indigenous Women Gathering (NIWG) reaffirms to continue the campaign against discrimination in the new National Indigenous Women (NIW) Declaration. 1. That government agencies should have a systematic knowledge on

the issues of indigenous peoples and they must have sincere efforts in reaching out to the indigenous peoples;

2. That in the fulfillment of their obligations in delivering basic services, government agencies should not impose policies that will further burden the IPs, such as: a. imposing additional requirements in order to avail health services. b) not requiring both NCIP certification and DSWD certification of indigence (as an indigent member of society), one should suffice; c. imposing additional requirement of baptismal certificate during late registration of birth as it discriminates our right to freedom of religious belief;

3. That the government will ensure that indigenous women are not discriminated against equal opportunities in employment by crafting a policy that requires private and public offices to provide priority slots for qualified indigenous women during job hiring, access to public transportation, housing, education and employment;

4. Government officers should be culture sensitive and to recognize the Indigenous Peoples rights to their culture;

5. Regarding the PKKK forum incident, the Lilak Steering Committee

LilakExecReport.indd 16-17 6/18/13 5:12 PM

shall meet and make a recommendation to be discussed to the group.

On the Problematic 4Ps - The NIWG reaffirms to continue the inclusion of the government’s 4P program as an issue and concern in the new NIW Declaration. 1. That the 4Ps program increase and expand the list of

indigenous people beneficiaries;2. That the government agencies should put more

effort in more efficient census data gathering for identification of legitimate beneficiaries;

3. That the 4Ps program re-assess the list of beneficiaries and present said list to the barangay assembly for validation to ensure inclusion of legitimate grantees;

4. That the program will not be used for political activities of politicians;

5. To call the LGU’s to support the Pantawid allowance;6. Call for the implementation of a Sustainable

Livelihood Program (SLP) of the DSWD for graduates of the Pantawid program;

7. That the DSWD continue to ensure accessibility and efficient delivery of cash grants in the barangay level;

8. Status/information as an “indigenous people” member should be included in NSO forms (based on recent agreement with Comelec, NCCC, NSO);

9. That there should be a comprehensive review or assessment of the 4P wherein indigenous people women are given active participation in the said review and assessment of the program;

10. That required documents such as marriage certificate, birth certificate, certificate from schools, etc. should be more flexible and accommodate local practices.

On Environment - The NIWG reaffirms to continue the campaign against the degradation of the environment in the new NIW Declaration. 1. The situation of SMI and Oceana projects on the

affected communities, issuance of permits and moratorium on projects and the new FPIC guideline should be discussed with the NCIP;

2. That the NIW campaign to stop privatization of watersheds within Ancestral Domain;

3. That the NIW call for the rehabilitation of all abandoned mines in the Philippines and return all abandoned areas to the community;

4. That the NIW campaign to stop large scale destructive mining in all indigenous people Ancestral Domains;

5. That the NIW campaign to stop mining activities in Tampakan and Bayog, Zamboanga del Sur and cancellation of FTAA;

18 19

6. That the NIW campaign to stop for the cancellation of ECC Permit at FTAA of Oceana Gold in Didipio, Kasibu Nueva Viscaya;

7. That the NIW campaign to stop mining in Homondon and Manikani Island, Eastern Samar;

8. That the NIW campaign to stop mining in Palawan;9. That the NIW campaign to repeal the Mining Act of

1995;10. That the NIW campaign to stop for the passage and

enactment of the Philippines Resources Management Act 2012;

11. That the NIW campaign to stop illegal logging.

On Health Practices - The NIWG reaffirms to continue the campaign on the recognition of traditional or indigenous health practices in the new NIW Declaration.1. That women should be given the choice on where and

how to give birth;2. That proper health care should be provided by the

government;3. That indigenous people women should not be

charged Php1,500 fee to give birth in clinics and health centers;

4. That the group calls for the decriminalization of the traditional health practices especially in giving birth;

5. That practices such as paltera, mangunguyapi, and hilot should be recognized by the government through trainings and issuance of certifications.

On Threats and Human Rights Violations - The NIWG reaffirms to continue the campaign against threats on the lives of indigenous people women leaders and other human rights violations in the new NIW Declaration. 1. To call for the recognition of the rights of women

human rights defenders. Demand for protection and security of women leaders and their family;

2. That the NIW campaign to stop military support in all mining companies;

3. That the NIW campaign to stop militarization and for the removal of the 27IB in Tupi, South Cotabato;

4. That the NIW campaign to stop for the removal of the Patrol Base in Sitio Siu-an Brgy. Malinao, Gingoog City under 23rd IB, privatized by cult group “7 Araw”;

5. That the NIW campaign to stop recruitment of CAFGUS and hiring of cult group headed by Retired Police Francisco Bagis Sr.;

6. That the NIW campaign to stop Itigil ang mga trumped-up cases against indigenous people leaders;

7. That the NIW campaign for justice for the Capion

family;8. That the NIW call to launch an independent FFM

regarding the massacre of Capion family;9. That the NIW campaign to demand financial support

(from the 27IB) for the funeral of the Capion massacre victims and hospital expenses of the survivors of the Capion massacre;

10. That the NIW campaign against the military’s Oplan Bayanihan.

On Peace - The NIWG affirms to include the campaign on peace in the new NIW Declaration. 1. The role of women in the peace process should be

more active and responsive. Women to women solidarity should take place.

2. That there should be a separate consultation of women for both Lumad and Moro;

3. That there should be more dissemination of information and educational activities to indigenous people women on the peace process for them to better understand the issue and equip them for discussion among their male counterparts in their respective communities.

4. That there should be women representatives in the consultation panel to voice out the conditions, situations, and positions of the indigenous people women.

5. That the group seeks clarification on the scope of territory of the Bangsamoro.

6. That the group seek clarification on how the Bangsamoro domain situates itself within an Ancestral domain of the Lumad or vice versa;

7. That the NDF recognize the indigenous people ownership of ancestral domains and that the NDF supports, instead of hindering, the titling of indigenous people properties;

8. To call for a separate program specifically for women rebel returnees to ensure proper reintegration to the community through livelihood support programs.

9. To call for the declaration of ancestral domains as Peace Zones to ensure preservation and respect as sacred grounds.

10. That women’s groups solidify unity and solidarity among themselves through continuous dialogues and talks between indigenous people women and Moro women.

§

LilakExecReport.indd 18-19 6/18/13 5:12 PM

The National Indigenous Women Declaration 2012

5

NATIONAL INDIGENOUS WOMEN DECLARATION 2012National Indigenous Women Gathering October 16-19, 2012 - PHALTRA Bldg., # 139 Matahimik St.UP Village, Quezon City

Kaming mga 42 na katutubong kababaihan, na nanggaling sa 14 na tribo mula sa buong bansa - Aeta, Ibaloi, Ifugao, Dumagat, Mangyan, Pa-la-wan, Kankanaey, Bukidnon, Higaonon, Blaan, Subanen, Teduray, Manobo, Mandaya, ,ay nagtipon mula 16-19 ng Oktubre 2012 sa PHAL-TRA BLDG., MATAHIMIK ST. UP VILLAGE, QUEZON CITY upang buuuin ang kwento ng tunay naming kalagayan bilang mga katutubo at kababaihan, at ipahayag ang tunay na kondisyon ng aming mga komuni-dad at mga likas yaman na nakapaligid sa amin, at kumakalinga sa amin.

Sa ilalim ng Aquino administrasyon, umasa kami na magkakaron ng pag-babago tulad ng pangako ng presidente nang sya ay nangangampanya pa, at maski noong sya ay nanumpa sa kanyang tungkulin. Pagbabago, tuwid na daan, paa-angat mula sa kahirapan – ilan ito sa mga pangako ng Presi-dente Aquino. Ngunit magpahanggang ngayon, hindi namin nararamda-man ang pagbabagong ito, hindi sa aming komunidad, at hindi sa aming mga sariling buhay.

Bilang mga katutubong kababaihan, ang aming kagyat na interes ay ang kagalingan ng aming pamilya at komunidad – ang aming pang araw-araw na pagkain, ang regular at sustenableng hanapbuhay, ang kalusugan ng bawat isa sa amin, ang kaligtasan sa mga sunod-sunod na delubyo dala ng mga malalakas na bagyo at matinding tagtuyot.

MARCHING ON. Delegates brave the rain for a group photo as the National Women’s Gathering concludes.

Kaya naman malaki ang pag-asa namin sa pagpapatupad ng 4Ps o ang Pantawid Pamilyang Pilipino Program, na syang tutulong sa aming mahihirap na katutubo. Ngu-nit, pagkatapos ng 2 taong pag-implementa, ang progra-ma ay nananatili pa ring mahirap abutin ng mga katu-tubo, dahil sa mga rekisitong hinihingi sa amin na hindi naman angkop sa aming kinagawian; at wala namang su-portang pampinansyal para aming matugunan ang mga ito. Ang ilan sa aming naging benepisyaryo, ay marami pa ring nararanasang balakid para tuloy-tuloy na matamasa ang tulong ng programang ito – tulad na lang ng sobrang kalayuan sa aming lugar para kubrahin ang pera at ang di regular na pagdating nito (marami ay ilang buwan nang huli), at ang pagkaltas ng mga facilitators sa mga monthly na pera, na hindi malinaw ang dahilan.

Ang isa sa hangarin ng 4Ps ay ang makatulong sa pagbi-gay ng tamang atensyon sa kalusugan ng mga nanay at kababaihan. Pero ang ilan sa mga polisiya ng pamahalaan ay sumasalungat sa layuning ito. Ang walang suporta sa tradisyunal at kinagawiang paraan ng panganganak, at ang pagpapataw ng parusa sa mga tradisyunal na hilot, sa mga babaeng pumipili nito, at maski sa mga batang pinapanganak sa ganitong paraan – ito ay lalong nag-papabigat sa katayuan ng mga katutubong kababaihan, at hindi sumasagot sa aming pangangailangan ng basic health services.

Pano na ang kalusugan namin bilang babaeng katutubo? Paano na ang karapatan namin sa aming pangangalaga ng aming sarili, sa paraan na kami ay mas may kumpyansa, at mas abot-kaya? At sa umpisa pa lamang ng buhay ng aming mga sanggol, hindi na nila matamasa ang pangan-galaga ng pamahalaan dahil sa di pagtanggap sa kanila sa health centers para sa check-up at bakuna kapag sila ay pinanganak sa bahay. Hindi rin sila mai-register, at maku-haan ng birth certificate.

Ito ay klarong isang porma ng diskriminasyon laban sa amin bilang katutubong babae. Hindi isinasa-alangalang ng aming mga kinagawian, kaugalian at karanasan sa mga pag disenyo ng mga programa na dapat ay tutugun sa aming mga mahihirap, at paggawa ng mga regulasyon at polisiya na may kinalaman sa aming kalusugan at pangan-ganak. Ang mga programang ito at polisiya ay may malak-ing kinalaman sa aming kakayanan na maging bahagi ng pagkilos para sa kaunlaran – ng aming pamilya, pama-yanan at ng lipunan. Ang diskriminasyon ng pamahalaan sa amin sa ganitong mga patakaran at polisiya ay lalo pang

nagpapahirap sa amin na maging aktibong bahagi ng at-ing lipunan.

Ang isa pa ring pagbabago na aming inaasahan sa pama-halaang Aquino ay ang usapin ng pagkain at kagutu-man. Ang buong akala namin, pagtutuunan ng pansin ni President Aquino ang kung paano magkaron ng sapat at masustansyang pagkain ang mga mamamayan. Pero na-raramdaman namin ang pagtindi ng aming kagutuman sa aming komunidad. Kasama kami sa 21% o 4.3 mil-lion households sa bilang nga mga Pilipinong gutom. At kami ay nangangamba na mas titindi pa ang kagutumang ito kung hindi tutuparin ni Aquino ang pangako nyang pagbabago – ang paglayo sa direksyon ng walang hum-pay na pagpasok ng mga dambuhalang mga development projects sa aming komunidad tulad ng pagmimina, dam, plantasyon. Noon pa man, sinasabi na namin na ang mga proyektong ito, na pumapasok sa aming teritoryo nang walang pagpapa-alam at pahintulot mula sa amin, ay sumisira sa aming pangunahing pinanggalingan ng aming pagkain – ang lupa, gubat at karagatan. Ang pag-kasira ng mga ito ay nagdudulot ng kung ano-anong sakit sa amin, at lalo na kaming ginagawang bulnerable sa mga delubyong dulot ng pagbabago ng ating klima.

Ang pagtingin ng pamahalaan na ang likas yaman ay para lamang pagkakitaan ay hindi nagbago sa ilalim ng pamahalaang Aquino. Bagamat may mga pananalita na binibitiwan na tila may pagpanig sa “sustainable develop-ment”, hindi naman nagbabago ang ganitong pananaw – pagkakitaan ang gubat, lupa, puno at tubig. Ang pag-aayos ng mining policy ng pamanahalaan, sa paglabas ng Executive Order 79, ay mas nakatuon para maging mas madulas at episyente ang pag-aasikaso ng mga min-ing permits. Ang mga isyu ng kaseguruhan ng pagkain at ang karahasan na dinudulot ng gulo ng mining sa aming komunidad ay walang pagbanggit man lang sa polisiyang ito.

Lalong pinalalakas ni Aquino ang mga bentahe at in-sentibo o pabuya para sa mga dayuhang mangangapital, samantalang pinanghihina naman ang mga social at en-vironmental safeguards. Sa bagong E.O. 79, lalong pina-igsi ang environmental impact assessment system. Ang bagong guidelines ng Free, Prior and Informed Consent (FPIC) ay tila nagpapahayag ng pagdududa sa kakakay-anan naming magdesisyon para sa aming sarili, kaya’t ang pinalalakas nito ay ang NCIP, hindi ang komunidad.

Bukod sa mining, ang aming komunidad ay pinapasok 20 21

LilakExecReport.indd 20-21 6/18/13 5:12 PM

din ng mga programang binabandila na tutugon sa isyu ng climate change tulad ng National Greening Program, at iba pang reforestation projects ng mga kompanya. Hin-di malinaw sa amin para saan ang programang ito dahil hindi naman kami napapaliwanagan. Pero ang mga ito ay pumapasok sa aming ancestral domain, nang walang pahintulot mula sa amin, walang FPIC na proseso na di-nadaanan. Ang ilan sa amin ay may mga karanasan na ang kanilang taniman ay sinisira upang tamnan ng mga seedlings para sa NGP, na hindi naman pwedeng pagku-nan ng pagkain. Muli, ang seguridad ng pagkain namin ay nilalagay sa panganib. At dahil ito ay unti-unti nang dumarami sa aming mga lugar, kami ay nangangamba na ito ay magiging sanhi ng isa na namang porma ng pag-nanakaw ng aming lupain, at pagmulan ng karahasan.

Dahil sa dami ng mga banta at tahasang pag-agaw ng aming lupain ng mga malalaking kompanya at ng mga proyekto ng pamahalaan, ang tugon namin ay ang pat-uloy na pag-organisa sa aming komunidad upang de-pensahan ang aming teritoryo. At sa aming pagkilos at pagpapalakas, kami ngayon, mga lider ng aming tribo at komunidad ay target ng mga pananakot, pagbabanta at tahasang pagpatay. Isang buwan pa lang ang nakakalipas nang mamatay sa ambush ang anak ng isa sa aming kasa-ma – si Jordan Manda, 11 years old, at sugatan naman si Timuay Lucenio Manda mula sa Bayog, Zamboanga del Sur. Si Timuay Lucenio ay isang aktibo at lider ng mga Subanen na lumalaban sa mga logging at minahan na gustong mang-agaw ng kanilang lupaing ninuno. Sa gitna ng aming national gathering, nangyari rin ang pagpaslang ng mga militar sa pamilya ng mga Capion, sa Bong Mal, Kiblawan, Davao del Sur. Si Juvy Capion, na noon ay nagdadalang-tao, ay aktibong B’laan lider na nangangam-panya laban sa SMI-Xstrata mining company ng Tampa-kan Gold-Copper Project. Kasama nyang pinagbababaril ay ang kanyang mga anak na si Jordan (13 years old) at si John (8 years old). Nakatakas si Vicky (4 years old), na may tama sa tenga, at ang kanyang pinsan na si Ressa (8 years old). Sila ay pinatay sa pagtugis ng militar kay Da-guil Capion, asawa ni Juvy. Si Daguil ay isang B’laan lider na nangunguna sa pagpapaalis sa SMI-Xstrata.

Kaya naman kahit masaya kami na may pag-usad ang pag-uusap pangkapayapaan sa Mindanao, sa pagitan ng pamahalaan at Moro Islamic Liberation Front (MILF), at may nabuo na bagong Framework Agreement on the Bangsamoro (FAB), kami ay patuloy na nangangamba sa tumitinding karahasan sa aming komunidad at teritoryo; humahaba ang listahan ng mga lider at kasama naming

pinapatay; at dumarami ang bilang sa aming mga kasa-ma na nakakaranas ng pagbabanta at pananakot. Kami ngayon ay may pag-aalinlangan sa bagong Bangsamoro framework – pano ba ang implikasyon nito sa aming mga kababaihang katutubo? Ano ba ang magiging epekto nito sa aming sariling pakikipaglaban ng aming karapatan sa aming lupain at likas yaman? Ano ang magiging partisi-pasyon namin sa mga pag-uusap pang mangyayari ukol dito? Ang mga yan ay wala pang linaw sa amin. Ang ma-linaw sa amin ngayon ay ang usapin ng kapayapaan ay mailap pa rin sa aming komunidad hangga’t walang tunay na pagkilala sa aming karapatan sa aming lupain, at ang aming karapatang ipaglaban ito.

Kami ngayon ay gutom, nag-aalala sa kinabukasan ng aming mga anak at pamilya, nangangamba sa seguridad namin at ng aming komunidad, nalulungkot sa pagkasira ng aming kapaligiran, nagagalit sa kawalan ng kapanagu-tan at hustisya sa pagpatay ng aming mga lider at kasama.

Kami pa rin ay umaasa – sa aming sama-samang lakas, sa aming pangarap, sa aming pinaglalaban.

Para sa pamahalaang Aquino, may panahon pa para ump-isahan mo ang pagtupad ng iyong pangakong pagbabago.

Sa isyu ng DISKRIMINASYON –

Ang mga prorgrama at polisiya ng pamahalaan ay dapat may tunay na pagkilala, sapat na pagsa-alang alang at pagsuporta sa aming kaugalian, kustumbre at karanasan upang ang mga programang ito ay tunay na maging mak-abuluhan at magsilbi sa aming pangangailangan.

Ang mga ahensya ng pamahalaan ay dapat maghatid ng batayang serbisyo sa aming pamayanan na tunay na may sipag at tyaga sa pag-abot sa aming kinaroroonan, at sa paraang angkop sa aming pamayanan.

Sa mga rekisito ng mga ahensya ng pamahalaan para ma-ka-avail ang mga katutubo sa mga serbisyo, bawasan ang mga ito nang hindi na maging mas dagdag na pahirap pa, tulad na lang sa mga public hospital – bago pa man matingnan ang pasyenteng katutubo, hinihingan kami ng NCIP certification at DSWD certification of indigency. Dapat, lalo pa’t sa pagkakataon ng emergency, sapat na ang isang certification.

Upang maseguro ang pagkakapantay-pantay na pag-kakataon sa trabaho, magsagawa ng polisiya ang pamaha-

laan na magtutulak o maguutos sa mga tanggapan, pama-halaan man o pribado, na magkaron ng priyoridad sa mga nag-aapply na qualified na katutubo.

Sa isyu ng KARAPATAN SA PANGKALUSUGAN (reproductive health) –

Huwang i-criminalize ang mga tradisyunal na hilot, o pal-tera, ng mga katutubong pamanayanan.

Pahintulutan ang mga traditional na panganganak sa pamamagitan ng mga hilot, paltera etc. na nag undergo ng regular pre-natal check-up.

Bigyan ng mga trainings at certification ang tradisyunal na hilot, paltera etc. at kilalanin sila sa pamamagitan ng isang ordinansa, na kumikilala sa karapatan ng katutu-bong kababaihan mamili ng paraan ng panganganak at pangangalaga sa sarili.

Dapat tanggalin ang sinisingil na Php 1,500.00 kada pan-ganganak lalo na ang mga 4P’s beneficiaries sa mga health centers.

Sa isyu ng 4PS o Conditional Cash Transfer -

Dagdagan ang mga beneficiaries na mga katutubo at mul-ing pag-aralan ang listahan ng Pantawid upang segu-raduhin na ang mga nararapat na kasali ay nandoon; at mahigpit na pagbawalan ang paggamit nitong programa sa politika lalo na ngayon sa darating na eleksyon.

Dapat ang “New List” ng pantawid beneficiaries ay ipres-enta sa barangay assembly para sa community validation.

Dapat tuparin ng mga LGU ang tungkulin na suportahan ang Pantawid allowance.

Dapat masundan kaagad ng Sustainable Livelihood Pro-gram (SLP) ng DSWD ang mga graduates na beneficiar-ies ng Pantawid Program.

Dapat patuloy na pag-aralan ng DSWD kung paano maihatid ang pera na nakalaan sa mga beneficiaires sa kani-kanilang bahay o barangay, sa tamang iskedyul.

Dapat makipag-ugnayan ang DSWD sa NCIP at Nation-al Statistics Office (NSO) para sa libreng registration sa mga mas nakararaming mga katutubo.

Sa isyu ng pagkokomersyo ng kalikasan –

Itigil ang privatization ng watersheds, lalo na sa loob ng aming mga ancestral domains.

Magsagawa ng agarang rehabilitation ng lahat na aban-doned mines sa bansa, at ibalik ang mga lugar na ito sa mga komunidad.

Itigil ang lahat ng pagmimina sa loob ng ancestral do-mains, lalo pa’t ang mga walang FPIC.

Kanselahin ang FTAA ng SMI-Xstrata sa Tampakan, South Cotabato.

Itigil ang lahat ng pagmimina sa Bayog, Zamboanga del Sur.

Ipatupad ang rekomendasyon ng Commission on Hu-man Rights na kanselahin ang FTAA ng Oceania Gold Philippines, Inc.

Ihinto ang mining sa small islands, lalo na sa Homohon-hon at Manikani Island sa Eastern Samar.

Sundin ang batas sa Palawan, at ihinto ang mining dito.

Ibasura ang Philippine Mining Act of 1995, at ipasa ang Philippine Mineral Resources Act 2012.

Ipatupad ang pagkuha ng FPIC sa National Greening Program.

Sa isyu ng mga Banta sa buhay ng mga lider at katutubong kababaihan –

Kilalanin at protektahan ang karapatan ng mga katutu-bong kababaihan bilang tagapagtanggol ng kanilang mga karapatan.

Tigilan ang mga pagsampa ng mga kaso sa mga lider sa komunidad para takutin ang mga lider.Itigil ang suportang militar sa mga mining corporation;

a. Itigil ang militarization at palayasin ang 27IB sa Tupi, South Cotabato;b. Alisin ang Patrol Base sa Sitio Siu-an Brgy. Malinao, Gingoog City under 23rd IB-4th infantry devision privat-ized by Cult group gintong araw;c. Itigil pag-rekrut of CAFGUS and hiring of Cult group

22 23

LilakExecReport.indd 22-23 6/18/13 5:12 PM

headed by Retired Police Francisco Baguiz Sr;

Hustisya para sa Capion Massacre in Tampakan Mines, South Cotabato

Maglunsad ng independent FFM sa pagmasaker sa pamilya Capion;

Justice for Jordan Manda, an 8th year old boy, killed in an ambush in Zamboanga del Sur;

Tutulan and Oplan Bayanihan ng Armed Forces of the Philippines (AFP), ang programa na nagta-target ng mga katutubo para sa kanilang recruitment ng mga paramili-tary, at guides sa kanilang mga military operations; at sa kabilang banda naman, tinataguriang rebelde ang mga katutubong aktibong nakikibaka para sa aming mga kara-patan.

Kami, mga katutubong kababaihan, ay patuloy na kikilos hanggang makamit namin ang nararapat para sa amin. Patuloy kaming magtutulak na kilanlin ang aming mga karapatan bilang katutubong babae. Hindi kami hihinto hangga’t kami ay marinig, at ang aming mga panawagan ay mapatupad.

October 19, 2012 / PHALTRA Building, Quezon City, Philippines

NATIONAL INDIGENOUS WOMEN DECLARATION 2012National Indigenous Women Gathering October 16-19, 2012 - PHALTRA Bldg., # 139 Matahimik St.UP Village, Quezon City

We, 42 indigenous women, coming from 14 tribes and sub-tribes from around the country - Aeta, Ibaloi, Ifugao, Dumagat, Mangyan, Pala-wan, Kankanaey, Bukidnon, Higaonon, Blaan, Subanen, Teduray, Manobo, Mandaya, gathered together from 16-19 of October 2012 at PHALTRA Building, Matahimik St., UP Village, Quezon City, in order to breathe life into the different stories of our experiences, condi-tions and struggles we face within our families, communities and the nature surrounding us, and nurturing us.

We have hoped for change under the Aquino administration – change which he promised during his campaign, and when he took his oath as President. Change, tuwid na daan, poverty alleviation – these are few of Aquino’s promises, which up to now we have not felt, not in our communities, and not in our own lives.

As indigenous women, our urgent concerns are the wellbeing of our families and our communities – our day-to-day nourishment, regular and sustainable source of living, health of each of us, and safety from the worsening disasters brought about by the frequent and unpredict-able storms and severe droughts.

We had high hopes for the implementation of 4Ps o ang Pantawid Pamilyang Pilipino Program, which was promised to help us indige-nous poor. However, after 2 years of implementation under the Aquino administration, indigenous women has found that they could hardly benefit from this, primarily because of the documentary requirements, which are not applicable to us, or are not accessible to us – birth cer-tificates, marriage certificates – and we do not have access to financial support for us to avail or process these. While there are some of us who have been identified as beneficiaries, there are difficulties which hinder them to avail of the benefits – the indigenous women live far from the city center where the money benefits can be availed, which means high transportation cost; the money is not available on a regular basis; and

The National Indigenous Women Declaration 2012(English)❁

24 25

LilakExecReport.indd 24-25 6/18/13 5:12 PM

of projects, which come into our territories without our consent, are destroying our primary source of food – our land, our forest, our waters. Furthermore, the destruction of all these resources and our environment bring us new and different kinds of diseases and illnesses, making us even more vulnerable to the disasters and other impacts of climate change.

The viewpoint of the government that our natural re-sources are mere sources of profit has not changed un-der the Aquino administration. While there are a lot of rhetoric of sustainable development, the perspective has not changed – commercialization of forest, land, trees and water. The reforms on mining, such as the Executive Or-der 79, are more focused on making the bureaucracy more investment-friendly – more efficient and faster processing of mining permits. The reforms are also to ensure that the national government has bigger percentage of profit from our lands and natural resources. Matters of food security and violence within our communities brought about by mining and resource conflicts have not been given atten-tion to in this reform.

President Aquino has increased the incentives and strengthen the advantages of the foreign investors, while weakening the social and environmental safeguards. In E.O. 79, the process for the environmental impact assess-ment has been made even shorter. The new guidelines of the Free Prior and Informed Consent (FPIC) seems to be expressing less confidence in us at the local level to give an informed decision, and so the bias of the guidelines is to strengthen the NCIP, and not our own processes at the community level.

Apart from mining, our communities are also targets of other government programs which are being touted as response to climate change, such as National Greening Program, and other reforestation programs of compa-nies. The objectives of these programs are not clear to us, as we have not been informed. But these programs are entering some of our communities without our un-derstanding, and our consent. There are experiences in some communities where their crops have been destroyed to give way to the tree planting of the NGP. Yet again, food security is being threatened. There is an increasing number of reforestation projects entering our lands, and we are afraid that this will be another threat to our land and food security, and will be a cause of violence in our communities.

the deductions by the facilitators without clear basis or proper explanations to us.

One of the primary objectives of the 4Ps is to assist poor women receive care support to their reproductive health as women and as mothers. But there are policies, which contradict this – the non-support to, and the criminal-izing of the traditional and customary ways of birth giving, punishing the traditional midwives, the mothers who choose traditional methods, and even the babies who were given birth by the midwives. These add to the al-ready burdensome condition of the indigenous women in meeting their basic reproductive health needs.

What happens then to our health needs as indigenous women? How then are our rights to basic health services being respected? How do we take care of ourselves in ways we are more confident of, and are more accessible to us? As for our newborns, at the initial stage of their lives, they could not feel nurtured by the government as they are being refused by the health centers for their post-natal check up and vaccinations if they were given birth to in our homes. Then we cannot register them and so they do not have birth certificates.

This is a clear form of discrimination against us as indig-enous women. There is no recognition or consideration of our customary ways, and day-to-day experiences in de-signing and planning for government programs which are supposed to respond to the needs of us, poor people; and developing policies on reproductive and maternal health. These programs and policies are relevant for us to be truly part of development – of our families, our communities and our society. The discrimination of the government against us in these programs and policies make it more difficult for us to be active and productive participants in our society.

The other change that we were hoping for in this admin-istration is in the matter of food and hunger. We were expecting that President Aquino would focus on how the Filipino people will have sufficient and nutritious food. But we have experienced more pronounced hunger in our communities. We are part of the 21% or 4.3 mil-lion households of hungry Filipinos. And we fear that our hunger will worsen if the President does not fulfill its promise of change – to veer away from the direction of letting in more and more giant transnational projects in our communities such as mining, mega dams, and plan-tations. We have been saying all along that these kinds

Because of the increasing threats to our territories, and actual encroachment to our lands by the companies and national projects, we are continuously organizing our-selves in our communities to defend our lands and do-mains. Because of our active defense and organized work, the leaders among us are targets of threats and harass-ments, while some have been killed. It has only been a month since the ambush of the leader-husband of one of us – Timuay Lucenio Manda, which wounded him, and killed their son - 11-year old Jordan. Timway Manda is a Subanen leader who is known for his active defense of their ancestral domain against logging and mining. In the middle of our 3-day national gathering, October 18, another tragedy happened – Juvy Capion and her family were massacred by the military of the 27th Infantry Bat-tallion in Kiblawan, Davao del Sur. Juvy was an active B’laan leader, campaigning against SMI-Xstrata mining company of the Tampakan Gold Copper Project. Killed with her were her sons Jordan (13 years old), and John (8 years old). Her 4-year old daughter who witnessed the killing of her mother and brothers were able to escape, wounded, along with her 8-year old cousin. The massacre was part of a military operation to capture Daguil Ca-pion, a B’laan leader, and husband of Juvy, who is well-known for his strong fight against SMI mining.

And so while we are happy that there is progress in the peace talks between the government and the Moro Islam-ic Liberation Front (MILF), and that a new Framework Agreement on the Bangsamoro (FAB) has been forged, the increasing violence and hostility within and against our communities make us believe that peace in Mindanao is still far from being achieved with this administration – the list of indigenous peoples killed is getting longer, the number of indigenous leaders being threatened and har-assed is growing. As for the FAB, we are anxious about its implications on us, as indigenous women – how are the agreements going to affect our own assertion of our rights to our lands and resources? What will be our role in the talks that will happen in drafting the law particularly on the matter of land and resources? These are still not clear to us. What is clear to us now is that peace will remain elusive until and unless our rights over our land and re-sources are genuinely recognized and so are our rights to fight for these.

We, the indigenous women, are hungry, worried about the future of our children and our families, fearful for our security and that of our community, deeply saddened by the destruction of our environment, angered by the im-

punity and absence of justice in the deaths of our leaders. We, the indigenous women, continue to rely on our col-lective strength, on our dreams, on what we fight for. For the Aquino government, there is still time for you to begin fulfilling your promise of change.

On the issue of DISCRIMINATION –

The programs and policies of the government should have genuine recognition, consideration and support to our customary ways and on the ground experiences so that these programs be relevant, appropriate and will truly serve the needs of our families and communities;

The government agencies should deliver basic services to our communities with genuine concern as well as perse-verance, to reach us wherever we are, and in a manner that is appropriate for us.

For the requirements to be able to avail government ser-vices, these should be lessened and made more appropri-ate, to make it less burdensome for the indigenous peo-ples. As an example – in public hospitals, before we are even attended to, we would be required to show an NCIP certification and another certification of indigency from DSWD. One certification should be enough, especially in times of emergency.

To ensure that there will be equal opportunity for em-ployment, there should be a policy for affirmative action towards indigenous peoples – that will encourage, if not order, government agencies and corporations to prioritize applications from qualified indigenous peoples.

On the issue of REPRODUCTIVE RIGHTS –

Stop criminalizing the traditional midwives from our in-digenous communities.

Allow the traditional birth giving for women who have undergone regular prenatal check ups.

Provide trainings and certification to traditional mid-wives, and pass local ordinances that recognize them and the right of indigenous women to choose their own meth-od of birth-giving and care for themselves.

Remove the P1,500.00 charge for every birth in health centers especially those who are 4Ps beneficiaries.

26 27

LilakExecReport.indd 26-27 6/18/13 5:12 PM

hon and Manicani Island in Eastern Samar.

Adhere to the provincial law in Palawan, and stop mining in the province.

Repeal the Philippine Mining Act of 1995 and pass the Philippine Mineral Resources Act 2012.

Implement the FPIC process in National Greening Pro-gram areas.

On the issue of threats against the Indigenous Women Leaders –

Recognize and protect the rights of indigenous women as human rights defenders.

Stop all forms of threats, including filing of cases against indigenous leaders.

Stop the military support for mining companies in mine sites.

Stop militarization in Tampakan area, and pull out the 27th IB in Tupi, South Cotabato.

Withdraw the Patrol Base in Sitio Siu-an Brgy. Malinao, Gingoog City under the 23rd IB – 4th Infantry Division privatized by Cult Group Gintong Araw.

Give justice to the Capion Massacre in Tampakan Mining area of SMI-Xstrata.

Give justice to the death of Jordan Manda, 8 year old Subanen, killed in an ambush in Bayog, Zamboanga del Sur.

Oppose AFP’s Oplan Bayanihan which targets indigenous peoples in their recruitments for paramilitary or guides to their operations, on one hand, and on the other hand, labels community leaders as rebels.

We, the indigenous women, will continue to demand what is due us. We will continue to push for the recognition of our rights as indigenous women. We will not stop until we are heard, and our demands acted upon.

October 19, 2012 / PHALTRA Building, Quezon City, Philippines

On the issue of 4Ps or Conditional Cash Transfer (CCT) –

Increase the number of beneficiaries from indigenous communities and review the list of beneficiaries to ensure that those who are on the list actually meet the criteria; and strictly prohibit the use of the program for election-eering purposes.

The “New List” of beneficiaries should be presented to a barangay assembly for community validation. The local government units should fulfill its responsibili-ties in supporting the Pantawid allowance.

The Sustainable Livelihood Program (SLP) should be pro-vided by DSWD right after beneficiaries graduate from the 4Ps.

There should be a serious and comprehensive reform in the program which would result in making sure that the allowance will be brought directly to the communities or barangay, at the right schedule.

The DSWD should closely coordinate and work with NCIP and National Statistics Office (NSO) for free regis-tration process among indigenous communities.

On the issue of commercialization of our natural resources -

Stop the privatization of watersheds, especially those within our ancestral domains.

Implement immediate rehabilitation of all abandoned mines in the Philippines, and return these lands to the communities.

Stop all mining operations within ancestral domains, es-pecially those without FPIC.

Cancel the Financial and Technical Assistance Agreement (FTAA) of SMI-Xstrata mines in Tampacan, South Co-tabato.

Stop all mining operations in Bayog, Zamboanga del Sur. Implement the recommendation of the Commission on Human Rights to cancel the FTAA of Oceania Gold Phil-ippines, Inc. in Brgy. Didipio, Kasibu, Nueva Vizcaya.

Stop mining in small islands, particularly in Homohon-

NATIONAL INDIGENOUS WOMEN GATHERING STEERING COMMITTEE 2012

NAME INDIGENOUS PROVINCE GROUPWing Tero Subanen MidsalipJudith Maranes Ibaloi BaguioBae Rose Undag Higaonon Misamis OrientalConchita Bigong Mangyan MindoroNilda Mangilay Subanen Zamboanga del SurBae Ruth Tila-on Manobo Agusan del SurTeresa Dela Cruz Aeta ZambalesMary Ann Saludares-Forton Bukidnon AntiqueIlen Coro Pala-wan Palawan Robina Poblador B’laan SarangganiCarmen Ananayo Ifugao Nueva ViscayaKakay Tolentino Alta-Dumagat KATRIBUFroilyn Mendoza Teduray PKKK

The National Steering Committee2012-2013

6

❁28 29

LilakExecReport.indd 28-29 6/18/13 5:12 PM

FORGING INDIGENOUS WOMEN SOLIDARITY TOWARDS A COLLECTIVE STRUGGLE FOR RIGHTS

“We, the indigenous women, are hungry, worried about the future of our children and our families, fearful for our security and that of our community, deeply saddened by the destruction of our environment, angered by the impunity and absence of justice in the deaths of our leaders.

We, the indigenous women, continue to rely on our collective strength, on our dreams, on what we fight for.

[...]

We, the indigenous women, will continue to demand what is due us. We will continue to push for the recognition of our rights as indigenous women. We will not stop until we are heard, and our demands acted upon. “

- from the National Indigenous Women Declaration 2012

LilakExecReport.indd 30 6/18/13 5:12 PM