Meeting with NGOs; Monday, 4 July 2016; 1500-1630 (for Philippines /Myanmar / France)

I am Kakay Tolentino, from the Dumagat indigenous community. This representation is made on behalf of the community partners and members of the following organizations –BAI, LILAK (Purple Action for Indigenous Women’s Rights), and TEBTEBBA, and we would like to bring to the attention of the members of the Committee the increasing number of deaths, escalating human rights violations, intensifying poverty, and heightening of vulnerabilities of indigenous women. This, despite the passage of the RA 9710 or the Magna Carta of Women, and the RA 8371 or the Indigenous Peoples Rights Act. While these laws contain provisions on equality, and the protection of rights of indigenous women, the State has yet to fulfill its obligations in providing substantive equality for us, eliminating institutional discrimination against us, and protecting us and our communities from different forms of violence.

Under the Aquino administration, we have documented 90 indigenous peoples who have been victims of extrajudicial killings (from July 2010-april 2016). Among them are 8 women and 12 children, including  Juvy Capion, and her two young boys. Juvy was a B’laan indigenous leader, who was strongly opposed in the SMI-Xstrata Mining project in their ancestral domain, and was killed by military men. Most of those who have been killed are defenders of their rights to land and life, and natural resources from the corporate and state projects.

These mining and other development projects encroach upon indigenous peoples traditional territories without our genuine consent.  The National Commission on Indigenous Peoples (NCIP) invokes respect for cultural practices in their process of getting Free, Prior, Informed Consent (FPIC) from the indigenous communities. But the indigenous leadership is predominantly male-centric; and therefore, excludes indigenous women in the process of decision-making.  No measures are taken by the government to ensure that indigenous women are part of these FPIC processes. No measures are also taken to make mining corporations accountable for excluding women in substantively participating in the consultations and consent processes. 

This also perpetuates gender stereotype, and the patriarchal structure of leadership within indigenous communities.

While we acknowledge the noble intention of the state’s “NO HOME BIRTH” policy, we consider this as an affront to the indigenous women’s empowerment. Pregnancy and giving birth are celebrations of life for us, not a burden with double penalties as provided for by the said policy. To reach the development goal on maternal and infant mortality, pregnant women are required to access “skilled and facility-based” services. In the process, indigenous birth attendants are being disenfranchised and criminalized and even prohibited by local legislations to attend to maternal and infant care.  This is a threat to the fundamental freedom to informed choice and indigenous women’s right, to practice and develop knowledge and culture.

We note with concern how the current Conditional Cash Transfer (Pantawid Pamilya Pilipino Program for the poor and marginalized) how it has disempowered indigenous women. It has created a sense of dependence, thus, undermining community solidarity, self-help values and practices which has effectively sustained community resilience; we have also received cases of domestic and gender violence related to cash benefits and compliance processes.

This anti-poverty program should not replace secure employment, livelihood opportunities and land tenure for indigenous women.

Honorable Members of the Committee, Madam Chairman,

We are committed to sustainable development but there needs to be a strong political will by State and its agencies to recognize, fulfill and protect indigenous women’s right to self-determination, which encompasses our direct, full and effective participation, in all matters related to our human rights, political status, and well-being. There should be NOTHING ABOUT US WITHOUT US!

Thank you for your kind attention!

Joint Shadow Reports submitted by:

 1.Tebtebba Foundation, Asia Indigenous Women’s Network, Bai (National Network of Indigenous Women, Teduray Women’s Group (TWG) and the Silingang Dapit sa Sidlakang Mindanao

2. Franciscan International, Franciscan Solidarity Movement for Justice, Peace and Integrity of Creation (FSMJPIC);LILAC – (Purple Action for Indigenous Women’s Rights) and Alyansa Tigil Mina (ATM)