12.1. The state does not provide adequate resources to protect and promote the four bundles
of IP rights as stated in the IPRA, which is a form of discrimination.
12.2. The state does not exert efforts to preserve indigenous culture, particularly the
institutionalization, codification, and enforcement of indigenous customary laws and
traditions, particularly on ancestral domain, collective ownership and native title.
12.3. The state does not have clear plans to respond to the demands of the indigenous
peoples of Mindanao, such as the Lumads, for justice, peace and development, in spite of
the government's on going peace process with the different revolutionary groups like the
Communist Party of the Philippines (CPP)-New Peoples Army (NPA)-National Democratic
Front (NDF); Moro Islamic Liberation Front (MILF), Moro National Liberation Front (MNLF)
and others. The IPs point out that they remain to be victims of armed conflicts, development
aggression, schemes and machinations of groups that organize and recruit members of the
tribes to join their cause within their ancestral domains, violating their individual and collective
rights as indigenous peoples and non-recognition of their Indigenous Political Structures
(IPS).
13.
The 2017 CHRP national inquiry on the current situation of all indigenous peoples in the
Philippines intends to provide solutions to such problems through consensus building among
the IP stakeholders, government, and mainstream civil society. The processes and eventual
findings of the national inquiry is expected to fully operationalize the IP Rights Observatory
(IPRO) of CHRP.
14.
Additionally, the CHRP provided comments to the Mainstreaming Human Rights Based
Approach Principles in the Philippine Development Plan (PDP) and Regional Development
Plans (RDPs), facilitated by the National Economic and Development Authority (NEDA). The
PDP and RDPs consist of cross-cutting themes on development, the environment, economic
rights, health and welfare that affect marginalized and vulnerable groups including indigenous
communities, women, children, older persons and persons with disabilities.
15.
The Commission conducted a “Reproductive Health National Inquiry”14 in the second and third
quarters of 2016. The Commission found several barriers to the promotion and protection of
the reproductive health and rights of women, including indigenous and minority women:
15.1. Despite passage of and current national implementation of the Responsible Parenthood
and Reproductive Health Act (Reproductive Health Law), challenges continue on de facto
availability, accessibility, sufficiency, and adequacy of reproductive health services and
information.
15.2. There is apparent criminalization of traditional and indigenous home births in many local
government ordinances, while DOH claimed that penalization of home births was not adopted
as a policy. The DOH explains the same as a misinterpretation by the LGUs of the DOH’s
encouragement of facility based deliveries. With the proliferation of such ordinances, and the
outcry of indigenous groups and women in geographically isolated and disadvantaged areas
(GIDA), representatives from the DOH admit the need to review and for once clarify the
Department’s stand.
15.3. In many instances, health facilities are inaccessible or absent in geographically
inaccessible areas, and in cases where they are present and accessible, challenges are posed
as to the sufficiency of facilities and equipment and of the supplies of the commodities
14
“Let our voice be heard,” Report of the Commission on Human Rights Philippines’ National Inquiry on Reproductive
Health and Rights, 2016, http://198.23.173.74/chr/wp-content/uploads/CHR-RH-INQUIRY-REPORT.pdf (Last Accessed:
10 May 2017). Recommendations can be found on pages 29-32 of the report.