Enhancing the rights of indigenous peoples in the context of ILO Convention 169

“Indigenous peoples’ lives are within the land,” as a Subanen tribal leader said. However, indigenous peoples continue to face struggles in relation to their rights, culture and ancestral domains. They often feel helpless, not knowing who to turn to.

News | 01 March 2013
by Ricardo Bernabe III, Legal Intern
ILO Country Office for the Philippines

“Indigenous peoples’ lives are within the land,” as a Subanen tribal leader said. However, indigenous peoples continue to face struggles in relation to their rights, culture and ancestral domains. They often feel helpless, not knowing who to turn to.

The Philippines enacted the Indigenous Peoples’ Rights Act of 1997 (IPRA), primarily to safeguard culture and to uphold the rights of indigenous peoples, including their rights to their ancestral domains. While some have benefitted from the implementation of the IPRA, challenges remain which hinder indigenous peoples and their communities to fully realize their rights.

To address the posing issue, the International Labour Organization (ILO) together with the National Commission on Indigenous People (NCIP) recently hosted the 2nd Roundtable Discussion on the Rights of Indigenous Peoples. The two-day forum, held on 7-8 February 2013, gave various stakeholders an opportunity to voice out their concerns and raise awareness of the issues affecting the rights of indigenous peoples.

“Despite the presence of the IPRA Law, there is still a need to ratify the Indigenous and Tribal Peoples Convention (ILO Convention 169) to strengthen and to protect indigenous peoples’ rights. My group and I would like to have ILO 169 ratified immediately and signed by the President so that it can support the IPRA Law which slowly gave us life,” said a representative of a confederation union.

ILO Convention 169 or the Indigenous and Tribal Peoples Convention, which is consistent with the IPRA, serves as a tool to further the common goal of promoting and protecting the rights of indigenous peoples. In ratifying the same, additional mechanisms will be put in place and technical support will be given by the international community, such as the ILO, to reinforce and supplement the IPRA and the continuing efforts of the government to uphold the rights of indigenous peoples.

The 2nd Roundtable Discussion on the Rights of Indigenous Peoples likewise tackled the Mindanao Peace Process and provided an avenue for sharing perspectives from civil society, tribal leaders and Government Chief Negotiator, Miriam Coronel-Ferrer.

“We believe that the indigenous people are key drivers towards achieving inclusive and sustainable growth. We recognize the need to acknowledge indigenous peoples’ agenda. IPRA under the ILO 169 reinforces the legal framework to facilitate the implementation of the Mindanao Peace Agreement to ensure consultation and participation with indigenous people,” said Lawrence Jeff Johnson, Director of the ILO Country Office for the Philippines .

Indeed, the ratification of ILO Convention 169 can help safeguard the participation and consultation of the indigenous peoples, being stakeholders, in the Mindanao Peace Process.