Statement of the Commission on Human Rights on the recent academic visit of the UN Special Rapporteur Francisco Cali Tzay in the country

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The Commission on Human Rights (CHR) warmly welcomes the recent academic visit of the United Nations Special Rapporteur on the Rights of the Indigenous Peoples, Francisco Cali Tzay (SR Tzay), on 31 July 2024. This visit provided a crucial opportunity to engage in meaningful dialogue about the pressing socio-political and economic challenges faced by Indigenous Cultural Communities and Indigenous Peoples in the Philippines.

During the discussions, one of the key themes that has emerged was the desire of Indigenous Peoples to assert their right to self-determination, which they seek not as a move towards independence, but as a means of defending their rights and preserving their unique cultural identity and autonomy within the framework of the State.

This aligns with the principles outlined in Chapter V, Section 21 of the Republic Act No. 8371, also known as the Indigenous Peoples’ Rights Act (IPRA) of 1997 which underscores the State’s obligation to recognize the distinct characteristics and identity of Indigenous Cultural Communities and Indigenous Peoples, while ensuring that they enjoy the same rights, protections, and privileges as all other citizens, in accordance with the 1987 Constitution and relevant international human rights instruments.

Furthermore, the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) reaffirms that Indigenous Peoples have the right to maintain and strengthen their distinct political, legal, economic, social, and cultural institutions while retaining their right to participate fully, if they so choose, in the political, economic, social, and cultural life of the state.

The Commission expresses its deep concern, however, regarding the reported incident involving the alleged surveillance of SR Tzay’s team during their visit to Indigenous communities near the Chico Dam in Kalinga. It has been reported that a pick-up truck tailed SR Tzay and his team while they were visiting Barangay Mabaca and Tabuk. Although the team reported that they never felt any threat or harassment in the communities they have visited, this incident still raises serious concern about the security and freedom of movement for both Indigenous Peoples and international human rights mechanisms and experts.

The CHR Cordillera Administrative Region (CAR) has already initiated an investigation into this incident to ascertain the facts and ensure that any potential impingement on freedom of movement and the right to peaceably assemble are addressed promptly. The Commission calls upon all relevant authorities to cooperate fully with the investigation and to take the necessary steps to protect the rights of Indigenous Peoples and ensure the safety of human rights defenders and international experts.

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