Indigenous peoples want voice heeded in Charter reforms

In the absence of “ancestral domain-based” consultations with “empowered” communities, any insidious attempt to change the Constitution means disregard for the welfare of the indigenous people (IP) and the inclusive nature of the process.

“Dapat [ancestral] domain-based at umabot sa lahat ang mga usapin sa Saligang Batas (The discussions on the Constitution must be [ancestral] domain-based and encompassing),” said Maxine Tanya Macli-ing Hamada, who presented a paper in the round table discussion on the IP agenda and constitutional reforms.

Salvador Dimain, president of the Maporac Aeta Organization (MAO), is categorical in saying that moves to pursue a Cha-cha (Charter change) during this period will simply not fly. “Kung ngayon, walang makikinig at sasabay sa agos (If it will be done at this time, no one will listen and ride with the tide),” he said.

Even Romulo Halabaso, a middle-ranking government official, is not at all convinced that this is the appropriate period for a Cha-cha.

“Hindi pa napapanahon (It is not yet time),” said Halabaso, a policy and program director of the Office of the Presidential Adviser on the Peace Process (OPAPP). “Kailangan natin ng empowered IP para isulong ang batas. Kailangan natin ng spirit ng people power (We need an empowered IP to promote the law. We need the spirit of people power),” he said.

Aside from stressing the importance of ancestral domain-based consultations and infusing the Charter with a more inclusive approach to diverse identities, Hamada said there is the need to ratify the international agreements such as the International Labor Organization (ILO) Convention 169 and the United Nations (UN) Declaration of the Rights of the IP.

Other recommendations in Hamada’s paper include elimination of the ambiguities of Charter provisions such as the terms “common good” and “private rights”.

Other specific issues that need to be resolved while reflecting on the IP participation in constitutional reforms are the autonomy question, conflicts between mining and natural resources rights, the legacy of armed resistance and the current threat of the Human Security Act, and the political and bureaucratic representations.

Pending the solutions to these problems, the proposed changes can wait for now, according to Zenaida Bridget Hamada-Pawid, a noted advocate for IP rights.

“Huwag munang galawin ang Saligang Batas (Let us leave the Constitution in the meantime),” Pawid said. “Oras ito ng preparasyon. Pag nag-exit si GMA, kaya natin gawin (This is the time for preparation. Once GMA exits, then we can do it).”

Pawid said a Constitutional convention (Con-con) is preferred after 2010. At present, however, she feels that there is much to be desired regarding the current members of Congress.