rectly and principally involved in the GRP-MILF Peace talks. Through a document entitled, ‘Memorandum of Agreement on Ancestral Domain’ (MOA-AD), more commonly
known as the GRP-MILF Tripoli Agreement on Peace (2001), a framework was proffered that intended to structure redress, resolve, and rectify a multitude of injustices that
resulted from discrimination of indigenous groups. However, there was substantial disagreement on substantive facets of the MOA-AD, which included consensus contributions by all impacted indigenous stakeholders, as well discussion about the true intent of
the document and its contents.
Dissatisfied with the MOA-AD, the Lumads exercised an atypical and
unprecedented legal empowerment action as an indigenous group. The Lumad, who
are characterized as uneducated and without political power, were able to abort the
signing of the MOA-AD. On 4 August, 2008, just one day before the scheduled signing
ceremonies planned at Putrajaya, Malaysia, the Lumads were successful in obtaining a
Supreme Court restraining order. As a result, many international community
ambassadors from Japan, the United States, Australia, and others were unable to fulfill
what had been hailed as a monumental step forward in indigenous relations.
In yet another instance, the Lumad faced modernization projects, such as the
hydroelectric project in Mount Apo. The mountain and volcano is one of the highest in
the Philippines and one of the country’s most popular destinations for climbing. This
project, like so many others, threatened to displace the Lumads from their homelands.
With support from the Coalition for Indigenous People’s Rights and Ancestral Domains,
more commonly referred to as the CIPRAD, and other advocates, Senate Bill 1728 was
formulated. Sponsored by Juan Flavier, Senate Bill 1728 evolved, after much legal
wrangling, to Republic Act No. 8371, Indigenous People’s Rights Act of 1997. Act
8371’s aim is to, “Recognize, Protect and Promote the Rights of Indigenous Cultural
Communities/Indigenous Peoples (ICCs/IPS).
“legal practitioners, advocates, and concerned parties can make a
difference in the lives of the stateless and the poor and, more
importantly, how the stateless can use the justice system to
achieve their own objectives”
Moreover, Act 8371 fulfills the four-pillars of legal epowerment outlined in the UN
2009 Assembly Report: 1) Access to justice and the “rule of law,” and the three-pillars
that are essential to crucial livelihood rights, 2) property rights, 3) essential elements of
labor rights, and 4) business rights. According to Act 8371, it provides, “a more
comprehensive law… to stop prejudice against indigenous people through recognition
of certain rights over their ancestral lands, and to live in accordance recognize and
protect the rights of the indigenous people not only to their ancestral domain but to
social justice and human rights, self-determination and empowerment, and their cultural
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