The Indigenous Peoples’ Right to Self-Governance and Empowerment

MAILEENITA A. PEÑALBA


Abstract

The indigenous peoples’ (IPs) right to self governance and empowerment has been promoted by the National Commission on Indigenous Peoples (NCIP) through, primarily, the implementation of the principle of Free and Prior Informed Consent (FPIC) and the creation of programs to integrate indigenous peoples and their traditional structures into existing mainstream political institutions. While government reports claim that no complaint against FPIC implementation exists, various case studies and newspaper accounts have documented serious problems and flaws related to the FPIC process as it has been conducted in indigenous communities all over the Philippines. However, the other NCIP programs for IP self-governance and empowerment such as the mandatory IP Representation, creation of Tribal Barangays, certification of Tribal Membership, and institution of IP Consultative Body have been generally well-received by indigenous peoples. This essay examines NCIP’s key programs in the promotion of the IPs’ right to self-governance and empowerment, with primary focus on the various issues in FPIC implementation. Using both primary and secondary materials, the essay also presents the NCIP’s operational definition of IP self-governance and empowerment through its stated programs and policies vis-à-vis a critical discourse on what, in principle, it ought to be.

Keywords: Indigenous Peoples’ Rights Act, self-determination, informed consent, indigenous peoples, IP empowerment, self- governance, political participation, NCIP.

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