ICERD-PHRAP-ARTHEMATIC PRESENTATION

Hives Hotel, Quezon CityNovember 05-06, 2015

Presented by: DAHLIALYN D DAIT-CAWED,MNSA

Chief, Human Rights Division OFFICE OF THE PRESIDENT

National Commission on Indigenous Peoples (NCIP)

I. ICERD BACKGROUNDII. ICERD PHRAP-AR SALIENT FEATURES

ICERD PHRAP BACKGROUND & OBJECTIVES

ICERD-PHRAP-AR (overview, partners & expected outputs, accomplishment)

III. ChallengesIV. WAYS FORWARD

FLOW OF PRESENTATION

I. ICERD BACKGROUNDON THE ICERD

15 SEPTEMBER 1967: PHIL ICERD RATIFICATION 04 JANUARY 1969: ENTRY INTO FORCE 3 PARTS AND 25 ARTICLES

ON COMPLIANCE REPORTING: due 04Jan98: sub 21Feb2008 (11th-14th Periodic Report) 15th-19th Periodic report was due 30 June 2008 2006 AO 163 issuance: NCIP AS LEAD FEB 2009: Conso 15th-20th submitted 28 August 2010 Concluding Observations released 21st & 22nd Periodic Reports submitted to PHRC

ICERD PHRAP-AR PREPARATION: OVERVIEW

ICERD-PHRAP-AR

CONSOLIDATED 21ST-22ND ICERD REPORTNCIP ANNUAL REPORTNCIP Report on the Implementation of Outcome Document: Resolution No. 69/2 HUMAN RIGHTS DIVISION ANNUAL REPORT

2 validation consultations(NGAs; CSOs/NGOs

CONSULTATION/ VALIDATION

WITH BUREAUS

1. To uphold and protect the rights of the IPs to their ancestral domains, lands, and resources, recognizing customary laws on property ownership and relations

2. To enhance access of IPs to the various pillars of the justice system, and state recognition in the exercise of customary laws and practices or various traditional justice system; and protect their rights to social justice and human rights

THE ICERD -PHRAP7 Objectives

3. To respect, protect and fulfil the civil and political rights of the IPs, provide responsive and culturally appropriate mechanism in addressing violations thereto and affording maximum protection to defenders of IPs rights;

4. To respect, protect, promote and fulfil the right to self-determination and self-determined development of indigenous peoples, recognizing indigenous knowledge and socio-political systems upholding the right to free and prior informed consent 5. To provide culturally appropriate basic social services and employment to IPs and employing special measures to fulfil this

THE ICERD -PHRAPObjectives

6. To recognize, protect and promote the cultural rights of IPs, combating prejudice and discrimination against them, and fostering solidarity among them and all other sectors of society

7. To review and amend policies and programs on IP rights, enact laws that have direct bearing on IPs, formulate/reformulate existence of conflicting development policies, programs and areas in conflict with IP rights and interests with the mandatory and effective participation of IPs; develop a comprehensive anti-discrimination legislation; and for the ratification of treaties which have direct bearing on racial discrimination

THE ICERD-PHRAPObjectives

Partners & exp output

Responsible Stakeholders Duty Bearers/ Claimholders

Expected Outputs

NCIP,DENR,LRA,DAR,LGU,DOJ,SC

ICCs/IPs, CSO, IPO

1. Inter-agency groups established2. regular group discussions conducted3. IP leadership structures in ancestral domains identified4. Agency position papers disseminated5. Procedures/policy recommendations established

1) To uphold and protect the rights of the IPs to their ancestral domains, lands, and resources, recognizing customary laws on property ownership

and relations

Responsible Stakeholders Duty Bearers/ Claimholders

Expected Outputs

SC, PAO, DOJ, CHR, DAR, NCIP, DENR, DILG, PHRC, CHRP ICCs/IPs, CSO, IPO

1. Committee/group discussions as regular activity of concerned agencies2. Participation/consensus of ICCs/IPs3. Documentation4. Guideline validated by ICCs/IPs5. List status of cases of IPs6. Validated assessment/study and policy recommendation

2) To enhance access of IPs to the various pillars of the justice system, and state recognition in the exercise of customary laws and practices or various traditional

justice system; and protect their rights to social justice and human rights

Responsible Stakeholders Duty Bearers/ Claimholders

Expected Outputs

NCIP, CHR, PHRC, AFP, DILG, BJMP, NAPOLCOM, PNP, LGU, DOJ, Ombudsman, PAO, OPAPP, DENR, CHED, DepEd, Congress, SC ICCs/IPs, CSO, IPO

1) National Inter-agency coordination body for IP concerns2) Joint circular approved and implemented3) Training/IEC materials4) Pool of IP human rights advocate5) Special mechanism established

3) To respect, protect and fulfil the civil and political rights of the IPs, provide responsive and culturally appropriate mechanism in addressing violations thereto and affording maximum protection to defenders of IPs

rights

Responsible Stakeholders Duty Bearers/ Claimholders

Expected Outputs

NCIP, DOE, DOST, DAR, DA, NEDA, CHED, DepEd, DOLE, TESDA, Congress, DFA, NCDA

ICCs/IPs, CSO, IPO

1. List and status of application for FPIC2. Workshops conducted with focal NCIP staff3. Enhanced guidelines/policy recommendation on culturally appropriate ADSDPP, FPIC guidelines (2013)4. Manual or guide checklist of compliance to FPIC and ADSDPP processes5. Tools and instruments for M and E system and Memorandum of Agreement6. Implementation of enhanced ADSDPP and FPIC guidelines in 7 ADs7. Feedback on disseminated guidelines8. Recognized IPS and registered IPOs

4) To respect, protect, promote and fulfil the right to self-determination and self-determined development of indigenous peoples, recognizing

indigenous knowledge and socio-political systems upholding the right to free and prior informed consent

Responsible Stakeholders Duty Bearers/ Claimholders

Expected Outputs

NCIP, CHR, PHRC, NCDA, NSO, OCRG, NSCB, DSWD, DepEd, DOH, DOLE, TESDA, CDA, DA, PNP/AFP, NAPOLCOM, BJMP, CSC

ICCs/IPs, CSO, IPO

1. ADSDPP Integrated in Local development plan2. Institutionalization of IP concerns in core agencies3. Pool of IP leaders as resource persons in IP community planning4. Memorandum of Agreement with NCIP and all agencies5. Database of IPs employed in PNP, AFP, NAPOLCOM, BJMP, 6. IP desks and roles provided in each major departments and agencies

5) To provide culturally appropriate basic social services and employment to IPs and employing special

measures to fulfil this

Responsible Stakeholders Duty Bearers/ Claimholders

Expected Outputs

NCIP, SUC, PIA, SC, PRC, AFP, PNP, DAP, LGU, CHR, PHRC, DepEd, CHED

ICCs/IPs, CSO, IPO

1. Instituted advocacy programme for IP rights2. Functional inter-agency coordination body for IPs3. CERD and IP rights modules for AFP, PNP4. IEC materials laid out and reproduced5. Pool of NGA advocates for IP rights set-up6. IP Human rights education program7. Pool of NGA IP rights advocates

6) To recognize, protect and promote the cultural rights of IPs, combating prejudice and discrimination against them, and fostering solidarity

among them and all other sectors of society

Responsible Stakeholders Duty Bearers/ Claimholders

Expected Outputs

DOE, DOST, DAR, DA, NEDA, CHED, DepEd, DOLE, TESDA, Congress, DFA, NCDA, NAPC, OMA, BOI, CSC, Senate, PLLO, PHRC

ICCs/IPs, CSO, IPO

1. Culturally appropriate policies2. Guidelines/policy recommendations on strengthening NCIP3. Updates and reports4. IP right impact assessment tool5. Monitoring and evaluation of implementation or ordinance, EIC plan and materials on bill6. Support groups of ICCs/IPs, CSO, IPO7. Resolution/endorsement to support ratification 1698. Support of Congress and Senate

7) To review and amend policies and programs on IP rights, enact laws that have direct bearing on IPs, formulate/reformulate existence of conflicting development

policies, programs and areas in conflict with IP rights and interests with the mandatory and effective participation of IPs; develop a comprehensive anti-

discrimination legislation; and for the ratification of treaties which have direct bearing on racial discrimination

7 policies promulgated, enhanced and implemented IKSP 2012 Guidelines Executive Order No. 79 on mining recognizing FPIC Administrative Order No.4 Series of 2012 or the Revised Omnibus Rules on Delineation and Recognition of Ancestral

Domains and Lands of 2012 Joint Administrative Order (JAO) no. 1, series of 2012 2012 FPIC Guideline issued to enhanced 2006 FPIC guidelines Admin Order No. 1, S of 2015 to implement Section 12, IPRA NCIP Administrative Order No. 2 Series of 2012 – guidelines on the confirmation of IPS and the registration of IPO

189 CADTs issued covering 4.8M hectares (33 CADTs=140,591has)

43 registered with the Register of Deeds1,0-53,586 IP Rights holder-beneficiaries (117,056 for CY

2012-2014) 3 IPS confirmed2,157 seated IPMRs (P=15; City=23; M=222; B=1,897) 50 position papers on various HB & SB submitted

ACCOMPLISHMENT (2012-2014)OBJ. #1:

4 NCIP clustered courts established thru consolidation of RHO 1 policy enhanced & promulgated re: 2014 NCIP

Revised Rules of Procedure99 cases being handled (17 decided upon, 62 pending; 20

for resolution) 16,255 walk-in IP applicants extended legal & adjudication

services1,541 cased accepted, handled and defended 657 position papers submitted. 407 investigations conducted, 32 congressional hearings participated 586 legal opinions and advisories rendered

ACCOMPLISHMENT (2012-2014)OBJ. #2: (Access to justice; exercise of CL; social

justice & HRts)

50 NCIP lawyers oriented on various policies4 documentation of CL conducted (Palawan, Bukidnon,

Benguet & Compostella Valley)1 RTD with EPJust conducted Inter-agency activities participated

ACCOMPLISHMENT (2012-2014)OBJ. #2: (Access to justice; exercise of CL; social

justice & HRts)

Quick response mechanism institutionalization (continuing)Sama Badjau Task ForceNational Directory of IP leaders, NGA & NGO focalsIP Human Rights Programme developed500 IPs and GAs oriented on the QRM, WPS3 regional QR teams operationalized35 agency and IP networks/linkages established & enhancedAdministrative Order 35 (Inter-agency Committee) IP Voter Registration 13 MOA with other agencies (Inter-agency coordination)Related to obj 2: cluster courts

ACCOMPLISHMENT (2012-2014)OBJ. #3: (protection of CPR, mechanisms, protection to defenders of IPs)

3 IPS confirmed

2,157 seated IPMRs (P=15; City=23; M=222; B=1,897)

Section 12, IPRA reviewed ( NCIP AO No. 1, S of 2014)

IKSP policy guideline developed

FPIC policy enhanced

ACCOMPLISHMENT (2012-2014) OBJ. #4: (self-determination & self governance, socio-political structures, IKSP, FPIC )

13 MOA with concerned agencies (basic services) DOH, DSWD, DepEd, DILG

2 programs enhanced for IPs

- National Community Driven Devt Plan- Pantawid Pamilyang Pilipino Program (4Ps)

>Educational Assistance Programme (EAP): the NCIP’s (EAP) provided assistance to 12,427 elementary, high school and college scholars for the school year 2012-2013.

2,157 ManReps in LGUs

ACCOMPLISHMENT (2012-2014) OBJ. #5: (culturally appropriate basic social services & employment to IPs

& employing special measures to fulfil this)

20 facilitating field-activities conducted such as: - field missions/validation & monitoring of complaints of IPRVs- Relief and rescue assistance during man-made & natural calamities

IP rights advocacy program6 seminar workshopsConduct of national and field consultations on national IP

issues (BBL, VFA, peace & security etc)Participatory research documentation on IKSP conductedDepEd Order No. 51, series of 2014 “Guidelines in the Conduct of

Activities and Use of Materials Involving Aspects of Indigenous Peoples Culture” was forged and implemented

ACCOMPLISHMENT (2012-2014) OBJ. #6: (To recognize, protect and promote the cultural rights of IPs,

combating prejudice and discrimination against them, and fostering solidarity among them and all other sectors of society

Monitoring human rights and treaty Obligations. On international issues affecting IPs, the HRD was involved in at least six (6) activities with 80 individual-beneficiaries

Agency inputs to Convention 111 or the Convention concerning Discrimination in Respect of Employment and Occupation

Participation & representation of IPs/ICCs in international conferences

Three (3) conference workshops on the UN Food and Agriculture Organization (UNFAO), the US Joint POW/MIA Agency Committee (JPAC) and on UN Special Rapporteur on IDPs.

ACCOMPLISHMENT (2012-2014) OBJ. #6: (To recognize, protect and promote the cultural rights of IPs,

combating prejudice and discrimination against them, and fostering solidarity among them and all other sectors of society

- Legislative Liaison Office at the Central Office which is tasked to coordinate with the House of Representatives and the Senate on bills that concerns the interests and well-being of the Indigenous Cultural Communities/Indigenous Peoples (ICCs/IPs). - Continuing RTDs for the ratification of the ILO International Convention on Indigenous and Tribal Peoples (No. 169).

ACCOMPLISHMENTOBJ 7

- 6 policies instituted for more effective and efficient implementation of NCIP quasi-judicial and executive/administrative powers and functions nationwide:

•AO No. 1 s. 2015 - The guidelines for the implementation of Section 12 of RA 8371 otherwise known as the Indigenous Peoples Rights Act of 1997; B. AO No. 1, s. 2014 - The 2014 Revised Rules of Procedure Before the National Commission on Indigenous Peoples;•AO No. 5, s. 2012 - NCIP Guidelines of 2012 on the Merit-Based scholarship (NCIP-MBS) and Educational Assistance (NCIP-EA);•AO No. 4, s. 2012 - Revised Omnibus Rules on Delineation and Recognition of Ancestral Domains and Lands of 2012;•AO No. 3, S. 2012 - The Revised Guidelines on Free and Prior Informed Consent (FPIC) and Related Processes of 2012;•AO No. 2, s. 2012 - The General Guidelines on the Confirmation of Indigenous Political Structures and the Registration of Indigenous Peoples’ Organization; and•AO No. 1, S. 2012 - The Indigenous Knowledge Systems and Practices (IKSPs) and Customary Laws (CLs) Research and Documentation Guidelines of 2012.

ACCOMPLISHMENTObj 7) To review and amend policies and programs on IP rights, enact laws that have direct

bearing on IPs, formulate/reformulate existence of conflicting development policies, programs and areas in conflict with IP rights and interests with the mandatory and effective participation

of IPs; develop a comprehensive anti-discrimination legislation; and for the ratification of treaties which have direct bearing on racial discrimination

Challenges Enhancing inter-agency coordination to address IP

human rights concerns (collectiveness & identity) in the implementation of ICERD and other core treaties;

State reporting (Invisible IP): -Mobilization of major government agencies for census/data disaggregation of IPs/ICCs;

Enhancing the man-power & financial resource capability of lead agencies (NCIP) in Monitoring Treaty Obligations through the PHRC;

In coordination and with the PHRC as lead:

Encourage government agencies to include program targets for IPs and monitoring implementation in the context of ICERD and all the core thematic objectives that are relevant to their mandates;

Include regular consultations, planning and budgeting exercises in the grassroots for raising awareness and commitment on treaty compliance monitoring and reporting systems;

Support and initiative efforts to enhance lead agency resource capabilities in treaty obligation compliance monitoring

Ways forward

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Consultation Photos

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Consultation Photos

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