10.3. International Level
a. In early 2016, the Office of Chairperson Jose Luis Martin C. Gascon participated in two
regional events in Bangkok organized by the OHCHR in relation to the UNDRIP and its
implementation in Asia.
b. The CHRP actively participated in the third cycle of the Universal Periodic Review and
contributes substantially to the work of the special procedures and treaty bodies. In 2016,
CHRP submitted parallel reports to the Committee Against Torture (CAT), Committee on the
Elimination of Discrimination against Women (CEDAW), and Committee on Economic, Social
and Cultural Rights (CESCR). For the UPR, the CHRP submitted its parallel report on
September 2016 and actively monitored the interactive dialogue on 8 May 2017, both in
Geneva and through the live webcast.
c. CHRP reports include specific reference to indigenous peoples. For instance, CHRP
requested the CESCR to call on the Philippines to:
c.1. Re-examine the power of the NCIP, or even the regular courts, to timely issue injunctive
writs to prevent displacement, harassment, and any untoward incident between contending
parties.
c.2. Generate sufficient resources to fully implement the necessary programs and to protect
indigenous peoples’ rights.
c.3. Ensure that the NCIP will continue to render effective assistance to indigenous peoples,
particularly in cases that involve indigenous peoples and non-indigenous peoples, despite the
Supreme Court decision in Unduran vs. Aberasturi.7 Moreover, there should be a clear
delineation of NCIP’s mandate in protecting the rights of indigenous peoples.
d. On the other hand, CHRP pointed out to the CEDAW the following:
d.1. The Committee may wish to urge the State Party to elaborate on its efforts of ensuring
access to justice, particularly to protective services and adequate support systems, to women
living in geographically inaccessible and isolated areas, including indigenous and Moro
women, as well as efforts to make these available to women with diverse SOGIE.
d.2. The Committee may wish to recommend that the State Party report on the measures in
place to protect women and to address vulnerabilities in the context of displacement and
humanitarian situations. Specifically, the State may be asked to report on specific interventions
and how they effectively address the multiple and intersecting forms of discrimination
experienced by indigenous and Moro women in the context of displacement, armed conflict,
and/or development aggression.
d.3. The CHRP has also documented local government units that criminalize and penalize
home births. These ordinances, although encouraging facility-based delivery, penalize birth
attendants and women who give birth at home. The CHRP is concerned with the proliferation
7
The Supreme Court ruled pursuant to Section 66 of the Philippine Indigenous Peoples Rights Act that the NCIP
shall have jurisdiction over claims and disputes involving rights of Indigenous Cultural Community/Indigenous Peoples
(ICC/IPs) only when they arise between or among parties belonging to the same ICC/IP. When such claims and disputes
arise between or among parties who do not belong to the same ICC/IP, i.e., parties belonging to different ICC/IPs or
where one of the parties is a non-ICC/IP, the case shall fall under the jurisdiction of the proper Courts of Justice, instead
of the NCIP. In this case, while most of the petitioners (i.e. Unduran, et al.) belong to Talaandig Tribe, respondents do
not belong to the same ICC/IP. Thus, even if the real issue involves a dispute over land which appear to be located within
the ancestral domain of the Talaandig Tribe, it is not the NCIP but the RTC which shall have the power to hear, try and
decide this case. (Unduran vs. Aberasturi, G.R. No. 181284, October 20, 2015,
http://sc.judiciary.gov.ph/pdf/web/viewer.html?file=/jurisprudence/2015/october2015/181284.pdf ) Last Accessed: 15
September 2016