PUBLICATIONS

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Local Government Powers in Extractive Mining and Other Environmentally Critical Projects 

October 2021

Does the national government have the last say when it comes to environmental management? Or do local governments have that power? In this primer, we discuss laws and jurisprudence on defining the parameters of local autonomy when it comes to the environment. 

Meant as a handy reference for local government units (LGUs), communities, and civil society organizations, this primer is designed in an Frequently Asked Questions (FAQs) format. 

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BARMM Jurisdiction Over Ancestral Domains: An Argument for Restraint

September 2021

In Mindanao, after years of struggle, the Moro people are finally close to achieving full autonomy. But this achievement may sideline an equally historically marginalized group: non-Moro Indigenous Peoples (NMIPs). 

 

In BARMM Jurisdiction over Ancestral Domains: An Argument for Restraint, LRC fellow Atty. Dan Gatmaytan examines the Constitution, legislation, and case law in asserting the importance of protecting the rights of NMIPs even as the Bangsamoro completes its project for autonomy. 

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Locked In, Locked Out: Indigenous Peoples Amid the COVID-19 Pandemic

June 2021

In May 2020, the United Nations Special Rapporteur on the Rights of Indigenous Peoples (UNSRIP), José Francisco Cali Tzay, raised the alarm on the disastrous impact of the COVID-19 pandemic on Indigenous Peoples. He noted that the issues affecting them are not only limited to health, but also draw from systemic issues of landlessness, poverty, and marginalization aggravated by states of emergency.

In the Philippines, reports on how Indigenous Peoples have been faring under the pandemic are few and far between. We thus undertook the writing of a report that would capture their situation. Our report finds that Indigenous Peoples face challenges around the blended learning modality of the education department. Indigenous communities’ agricultural livelihoods have also been badly hit, and corporate aggression continued to take its toll on their security and tenurial claims.

 

According to one research respondent, one company is even "more lethal than the COVID-19 disease."    

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Situating the Belt and Road Initiative Within the Philippine Renewable Energy Trajectory

April 2021

This paper scopes Belt and Road Initiative (BRI) projects in renewable energy in the Philippines within the context of China’s interest in Asia’s rapidly growing market for clean energy. It takes a closer look at the 300 megawatt South Pulangi 5 Hydropower Plant in the Philippines—one of the many deals signed between the Philippines and China in 2019—to understand its economic, environmental and social sustainability impacts. It also offers a glimpse of how BRI investments in renewable energy are processed and implemented in the country. The study likewise provides an overview of the overall policy environment that regulates foreign investments in the Philippines, particularly BRI financing in the power sector. Finally, the paper recommends policies that can help promote responsible and sustainable investments in the country. 

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Evacuees in Their Own Land: Indigenous Peoples’ Struggle for Recognition in the Bangsamoro

January 2021

As the Bangsamoro edges closer to the realization of its autonomy in Mindanao, the Teduray and Lambangian indigenous peoples are in danger of becoming a "minority within a minority". In Evacuees in their own land: indigenous peoples' struggle for recognition in the Bangsamoro, LRC examines the complex terrain of the once touted land of promise. 

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Securing Indigenous Peoples’ Rights

June 2020

“Securing Indigenous Peoples' Rights” analyzes how the Philippine government deploys the concept of human security that can have great impact to the Indigenous peoples. Instead of securing the welfare of communities, it has made them more susceptible to economic, social, and physical insecurities.

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A Report to the United nations Special R

Report to the United Nations Special Rapporteur on Indigenous Peoples on Human Rights Violations Suffered by the T’boli-Manobo Community in Barangay Ned, Lake Sebu, South Cotabato, Philippines

2020

“Report to the United Nations Special Rapporteur on Indigenous Peoples on Human Rights Violations Suffered by the T’boli-Manobo Community in Barangay Ned, Lake Sebu, South Cotabato, Philippines” details the issues and challenges confronting the Indigenous peoples in the Philippines in the time of COVID-19 health crises. It explores the public policies, passed under the administration of Rodrigo Duterte, that undermines the rights and welfare of the Indigenous peoples.

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Kabilin: Philippine Journal of Natural Resources

Volume 1, Number 1 (2019)

In the maiden issue of Kabilin: Philippine Journal of Natural Resources, we.examine the critical provisions of the alternative minerals management bill (AMMB). Featuring papers on why excise taxation works for mining, the overstated contributions of mining to regional economies, and lessons from the implementation of a protection board. 

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Defending our Territories, Defending our

Defending our Territories, Defending our Lives

June 2019

“Defending our Territories, Defending our Lives”, published by Friends of the Earth – Asia Pacific (FoE-APac), presents case studies of Environmental Human Rights Defenders at risk in the name of plunder and profit. The FoE groups from the Asia Pacific region proposes policy recommendations and system change.

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Brewing Tension: A Case Study of a Coffe

Brewing Tension: A Case Study of a Coffee Plantation in Indigenous Land

2019

“Brewing Tension: A Coffee Plantation on Indigenous Land” is a case study that examines the trend of agricultural expansion and how it ultimately paved the path for conflict between a large-scale coffee plantation and the Taboli-Manobo indigenous community.

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Indigenous People’s Rights and Charter Change: Possibilities and Uncertainties

2018

“Indigenous People’s Rights and Charter Change: Possibilities and Uncertainties” opens up the discussion on the implications of charter change to Indigenous peoples rights in the Philippines. It explores a number of questions: Are their concerns adequately considered? How can indigenous peoples prepare for such scenarios? What are the possibilities and uncertainties the communities will be facing in this political landscape?

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A Comparative Analysis of the Indigenous

A Comparative Analysis of the Indigenous Communities Conserved Areas (ICCA) Bill and Philippine Environmental Laws

2018

Indigenous communities conserved areas (ICCA) have rich in biodiversity due to the conservation practices of the Indigenous peoples and local communities. “A Comparative Analysis of the Indigenous Communities Conserved Areas (ICCA) Bill and Philippine Environmental Laws” studies the proposed ICCA bill filed in the House of Representatives as it relates to existing Philippine environmental laws. This paper hopes to contribute to the development of the ICCA as an emerging paradigm in upholding the rights of the Indigenous peoples and poor upland rural communities.

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The Environmental Stewards: Teduray and Lambangian Peoples’ Struggle for Ancestral Domain

2018

“The Environmental Stewards of Maguindanao: Teduray and Lambangian Peoples’ Struggle for Ancestral Domain” tells the story of the indigenous communities’ long battle for land rights amid the intensifying threats of illegal logging, deforestation and land grabbing in South-Central Mindanao.

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State of Indigenous Peoples Address 2015

2015

The 76 indigenous leaders and representatives from 41 indigenous peoples' communities in Luzon, Visayas and Mindanao lay down the state of Indigenous peoples in the year 2015 under the administration of Noynoy Aquino.

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Position Paper Full Inclusion of IP Righ

Full Inclusion of the Rights of Indigenous Peoples in the Proposed Bangsamoro

Basic Law

2014

The Teduray, Lambangian, Dulangan Manobo and Erumanen ne Menuvu have deep respect for the struggle of the Bangsamoro for their rights to self-determination due to shared historical struggle against colonization. However, the proposed autonomous law might push aside the rights of the Indigenous peoples. “Full Inclusion of the Rights of Indigenous Peoples in the Proposed Bangsamoro Basic Law” reviews the proposed autonomous law and asserts the rights of the Indigenous people in the proposed region.

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CSO Fact-Finding Mission to the Ancestra

CSO Fact-Finding Mission to the Ancestral Domains of Teduray and Lambangian in Maguindanao Province

2014

Civil society organizations organized mission to investigate the illegal mining exploration in the ancestral lands of the Teduray and Lambangian Indigenous peoples in Maguindanao, Philippines. “CSO Fact-Finding Mission to the Ancestral Domains of Teduray and Lambangian in Maguindanao Province” is the presentation of the findings and recommendations.

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Briefer – Indigenous Peoples and the Ban

Briefer – Indigenous Peoples and the Bangsamoro Basic Law 

July 2014

Indigenous peoples run the risk of becoming a minority within a minority as the Moro people chart their own path to genuine peace and development. The aspirations and enjoyment of rights by IPs and Moros do not have to be mutually exclusive.  

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CSO Fact-Finding Mission to the Ancestra

CSO Fact-Finding Mission to the Ancestral Domains of Teduray and Lambangian in Maguindanao Province

2014

Civil society organizations organized mission to investigate the illegal mining exploration in the ancestral lands of the Teduray and Lambangian Indigenous peoples in Maguindanao, Philippines. “CSO Fact-Finding Mission to the Ancestral Domains of Teduray and Lambangian in Maguindanao Province” is the presentation of the findings and recommendations.

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State of Indigenous Peoples Address 2014

2014

The annual State of Indigenous Peoples Address takes stock of the issues and concerns of IPs for 2014. 

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Compilation of Jurisprudence, Internatio

Compilation of Jurisprudence, International Experiences and Policies on the Recognition of Indigenous Peoples Ownership of Territories and Natural Resources

2013

Indigenous peoples and local communities have used various mechanisms and strategies to assert their rights to their ancestral territories amid the intensifying global need for natural resources. “Compilation of Jurisprudence, International Experiences and Policies on the Recognition of Indigenous Peoples Ownership of Territories and Natural Resources” presents a number of these available mechanisms and remedies and the legal contexts in which they operate.

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Tan-Awan 2011

2011

Tan-Awan 2011 shares the story of assertion of right to self-determination of the Subanen of Siocon, Zamboanga del Norte where, in 2008, they exercised their customary law against a transnational mining corporation under the administration of Glora Macapagal Arroyo.

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State of Indigenous Peoples Address 2011

2011

Indigenous peoples across the Philippines lament their unchanging struggles under the first year of the presidency of Noynoy Aquino.

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Looking Behind Counter-Terrorism Measure

Looking Behind Counter-Terrorism Measures, Are they for the Protection

or for the Persecution of People?

2005

The Philippines had its fair share of events characterized as terrorist attacks. To address these dangers, the administration of Gloria Macapagal Arroyo has implemented measures to fight terrorism which can be seen as curtailment of constitutionally protected rights. “Looking Behind Counter-Terrorism Measures, Are they for the Protection or for the Persecution of People?” scrutinizes the Anti-Terrorism Bills, namely, Senate Bill No. 2540 and House Bill No. 5923, submitted by Congress.

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HSA of 2007: A Clear and Present Danger on Human Security

2007

The Human Security Act of 2007 fails to protect people from real acts of terrorism as it enforces a state-led terrorism. “HSA of 2007: A Clear and Present Danger on Human Security” traces various ways and means to which the law can block with legitimate assistance to marginalized communities in the Philippines.

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Using the International Human Rights Fra

Using the International Human Rights Framework to Empower Indigenous Communities in the Philippines

2007

Since the onset of colonialism and the modern nation-state, Indigenous peoples have been among the most vulnerable and exploited in the world. “Using the International Human Rights Framework to Empower Indigenous Communities in the Philippines” examines whether communities and civil society organizations can access certain international human rights mechanisms to realizing Indigenous peoples’ fundamental rights.

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Charter Change: Different Strokes for Different Filipinos

2003

Since 1980s, the parlance of Charter Change (Cha-Cha) has been at the forefront of discussions among different sectors of Filipino society. It has also taken on different faces in the past political regimes. “Charter Change: Different Strokes for Different Filipinos” reviews the implications of Cha-Cha and why constitutional changes are not recommended under the administration of Gloria Macapagal Arroyo.

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Anti-Terrorism Bills: Silencing Community Voices

2003

The administration Gloria Macapagal Arroyo passed Anti-Terrorism bills as a response to the ‘terrorist attacks’ that have caused fear among civilians. “Anti-Terrorism Bills: Silencing Community Voices” will, however, argue that these bills will only curtail the constitutionally protected rights of the Filipino people.

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Philippine Natural Resources Law Journal

Philippine Natural Resources Law Journal 

Volume 11. Number 1 (2001)

“Philippine Natural Resources Law Journal (Vol.11, No.1; November 2001)” discusses the forest laws in the Philippines and how it relates to the state of Indigenous peoples rights in the country.

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PRIMER ON ALTERNATIVE MINERALS MANAGEMEN

Primer on Alternative Minerals Management Bill

Primer on Alternative Minerals Management Bill (AMMB) champions conservation of non-renewable mineral resources for the benefit of both present and future generations of Filipinos. The bill advocates to scrap the present Mining Act of 1995 (RA 7942).

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Primer on Alternative Minerals Management Bill (In Filipino)

Primer on Alternative Minerals Management Bill (AMMB) champions conservation of non-renewable mineral resources for the benefit of both present and future generations of Filipinos. The bill advocates to scrap the present Mining Act of 1995 (RA 7942). This primer is translated in Filipino language.

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