IPRA: Culturally and Indigenously Yours and Mine (2nd of a series) By Art Tibaldo The Indigenous Knowledge Systems and Practices (IKSPs) and Customary Laws of the Cordillera have been in practice since time immemorial but despite its historical and cultural significance, very few journals and studies have been written about it. Today, there are only about twelve major tribes in the Cordillera that are currently being recognized by the National Commission of Indigenous People (NCIP) and these are the; Ibaloi, Iwak, Isnag Bontoc, Kankanay, Kalanguya, Tinguian, Balangao, Karao, Ifugao, Kalinga and Applai. Other sub tribes such as the Bago or Bagbag-o of Ilocos Sur, La Union and Pangasinan I believe are recognized in the Ilocos coast where they are more proximate to the lowlands. When our Cordillera News Agency team lead by Baboo Mondonedo travelled to many interior towns of the upland provinces of the Cordillera sometime in the mid nineties to document and conduct research on existing customary practices especially on settling tribal conflicts, we came across many interesting facts that include land, water and forest management. We came to learn about certain indigenous and tribal practices such as the Muyong of Ifugao, the Saguday, Tayan and Batangan of the Mountain Provinces and others such as the Lapat of Apayao which is also observed in other low lying areas. With the guidelines promulgated pursuant to the Constitution and Republic Act No. 8371, the state recognizes the rights of Indigenous Cultural Communities or Indigenous Peoples and prescribed protection mechanisms at the international and national government levels and within the context of relevant customary laws. The IPRA law as per RA 8371 allows the ICCs and IPs the right to determine and decide their own priorities for development affecting their lives, beliefs, institutions and spiritual well-being. As such, they can fully utilize the land that they own, occupy and use to freely pursue their economic, social, and cultural development as this will provide them the full opportunity for self-determination. ICCs/IPs shall participate in the formulation, implementation and evaluation of policies, plans, and programs for national, regional, and local development, which may directly affect them. The regulation of access to community intellectual property and other resources are based on the recognition of ownership of these communities over their ancestral domains/lands. According to the IPRA Law, IKSPs are collective property and part of the cultural patrimony that are inherent or owned by the ICCs and IPs. However, an author, composer, inventor, writer, choreographer, arranger, lyricist, owner, first user, or preacher is not one individual but all the members of the community who belong to the past, present and future generations. The ICCs and IP’s community intellectual rights, cultural resources/treasures, religious, cultural sites and ceremonies shall be recognized, respected, promoted and protected from any adverse impact arising from the research activity. As such, actions to identify these adverse risks and impacts must be made and fully disclosed to the community concerned and measures for the elimination of the occurrence of such risks and adverse impacts, or their mitigation must be put in place. Furthermore, the Republic Act states that ICC and IPs shall have the sole and exclusive right to determine the extent, content or manner of presentation of the information or knowledge that may be published or communicated with regard to their religious and cultural beliefs, rituals and/or ceremonial objects and heritage sites. With this provision, I am reminded of the intervention of local leaders in the retrieval of the famed Benguet mummy Apo Anno whom I saw at the laboratory of the National Museum sometime in 1985. The legendary Apo Anno was finally laid to rest in his original burial cave in Sitio Nabalicong, Buguias Benguet in 1998 following a series of rituals that I happen to have attended and chronicled. Despite the diversity of cultures, traditions, beliefs and aspirations, institutions, leadership and decision making systems of the indigenous people of the Cordillera, the IPRA respects these act of openness, mutual respect and peaceful co-existence among the ICCs and IPs. The cultural peculiarities and specific circumstances of particular ICCs & IPs shall be respected and given due consideration. Research activities should focus on helping correct historical injustices inflicted on ICCs & Ps since time immemorial and facilitate safeguarding of their cultural and historical heritage. With reference to what was projected in past movie productions like Banaue, Igorota or even Mumbaki, part of the Cordillera’s customary practices were highlighted projecting the usual outsider’s stereotype of what upland people are like....primitive, warlike, headhunters, dog eaters, bare breasted women and all. To me, it is of equal importance in story making if certain angles or details be explained why a war between tribes were waged and why a marriage between a man and a woman is culturally inappropriate. With the intervention of the Committee on Indigenous People’s Concern of the Regional Development Council of CAR, I hope that IKSPs and other historic and oral traditions such as the “Hudhud” and Bugan and Wigan of Ifugao will be fully documented, codified and archived for reference purposes and the Cordillera News Agency will be more than willing to share its materials on the interfacing of customary laws with existing Philippine laws. As for me, I can also police our video documentary “Indigenous Forest Management” that won the 1999 Film Academy of the Philippines Top 5 Documentary Award. To be continued.
Posted on: Thu, 13 Jun 2013 01:27:28 +0000
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