04/02/2020
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international agenda.[242]
International institutions and bodies have realized the necessity of applying policies,
programs and specific rules concerning IPs in some nations. The World Bank, for
example, first adopted a policy on IPs as a result of the dismal experience of
projects in Latin America.[243] The World Bank now seeks to apply its current policy
on IPs to some of its projects in Asia. This policy has provided an influential model
for the projects of the Asian Development Bank.[244]
The 1987 Philippine Constitution formally recognizes the existence of ICCs/IPs and
declares as a State policy the promotion of their rights within the framework of
national unity and development.[245] The IPRA amalgamates the Philippine category
of ICCs with the international category of IPs,[246] and is heavily influenced by both
the International Labor Organization (ILO) Convention 169 and the United Nations
(UN) Draft Declaration on the Rights of Indigenous Peoples.[247]
ILO Convention No. 169 is entitled the "Convention Concerning Indigenous and
Tribal Peoples in Independent Countries"[248] and was adopted on June 27, 1989. It
is based on the Universal Declaration of Human Rights, the International Covenant
on Economic, Social and Cultural Rights, the International Covenant on Civil and
Political Rights, and many other international instruments on the prevention of
discrimination.[249] ILO Convention No. 169 revised the "Convention Concerning the
Protection and Integration of Indigenous and Other Tribal and Semi-Tribal
Populations in Independent Countries" (ILO No. 107) passed on June 26, 1957.
Developments in international law made it appropriate to adopt new international
standards on indigenous peoples "with a view to removing the assimilationist
orientation of the earlier standards," and recognizing the aspirations of these
peoples to exercise control over their own institutions, ways of life and economic
development."[250]
CONCLUSION
The struggle of the Filipinos throughout colonial history had been plagued by ethnic
and religious differences. These differences were carried over and magnified by the
Philippine government through the imposition of a national legal order that is mostly
foreign in origin or derivation.[251] Largely unpopulist, the present legal system has
resulted in the alienation of a large sector of society, specifically, the indigenous
peoples. The histories and cultures of the indigenes are relevant to the evolution of
Philippine culture and are vital to the understanding of contemporary problems.[252]
It is through the IPRA that an attempt was made by our legislators to understand
Filipino society not in terms of myths and biases but through common experiences in
the course of history. The Philippines became a democracy a centennial ago and the
decolonization process still continues. If the evolution of the Filipino people into a
democratic society is to truly proceed democratically, i.e., if the Filipinos as a whole
are to participate fully in the task of continuing democratization,[253] it is this
Court's duty to acknowledge the presence of indigenous and customary laws in the
country and affirm their co-existence with the land laws in our national legal system.
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/36882
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