Case Study - Philippines Metagora Pilot Project

CHAPTER 1: CONCEPTUALISATION OF THE PROJECT (page 5)

Human Rights

Human rights refer to the supreme, inherent and inalienable rights of men and women, without which they cannot live fully as human beings. The basic human rights to life, dignity and self-development allow for the full flowering of the potentials of a human being, without distinction as to gender, age, race, ethnicity, wealth, or other qualities.

Every human being is equal in right and dignity. Since they are inherent, human rights are not granted by the state; rather they are guaranteed through state obligations to respect, protect and fulfil them. No matter how poor a country or a community is, its government, the implementing arm of the state, can not abdicate from its obligation to good governance, which is expanded if the state is a signatory to human rights treaties, declarations or instruments.

The unwillingness of the state to comply with its obligations constitutes state violation of human rights. The state cannot abandon its duty to respect, protect and fulfil human rights which are also the limitations in the exercise of state power such as the police power, power of taxation and power of eminent domain. In the latter power, the right of indigenous peoples to their ancestral domains limits the power of the state to encroach upon this right without the consent of the governed IPs.

The state is obliged to provide progressive realisation of human rights and freedoms; this cannot be evaded because of a poor economy or lack of resources. While the state has both a right and a duty to formulate national development policies, it must do so with the free, active and meaningful participation of the people.

To ascertain whether human rights are indeed progressively realised, the normative content of each right should guide governance. Human rights recognised and enshrined in international human rights treaties have norms and standards of realisation developed under the United Nations. Governance stakeholders can easily access these norms and standards which they can apply to their governance functions as they become rights-based in their approach to democratic governance.

However, Indigenous Peoples are uniquely situated in that they maintain their customary laws and cultural practices, which could also be a source of norms and standards of human rights. The Indigenous Peoples are, on the other hand, citizens of the country; hence, they are covered by the laws of the state. International human rights instruments/treaties ratified by the Philippine State also form part of the laws of the state applicable to all citizens of the country, including Indigenous Peoples. To enable the Philippine State to carry out its human rights obligations among IPs, it is important to consider how the IPs view human rights, and how they perceive the measures and mechanisms established by the government to comply with its obligations towards human rights. Both international and national norms and standards must consider the norms and standards included in customary laws and cultural practices among IPs. When that is done, the measures and mechanisms will help to unify and build confidence, rather than alienate the IPs from the state's existing human rights legal system.

The people - individually or collectively - have the duty to exercise their rights responsibly and promote an appropriate economic, social, and political order of their society. The rights of others and the obligations towards others limit the exercise of an individual’s rights. Considerations/limitations due to public order, morals, health and interest are also limitations to human rights that are exercised by every human being. The rights to self-determination and to development are basic to the survival of the people and therefore must be respected, protected and fulfilled. IPs’ exercise of their rights should be complemented by fulfilment of individual and collective duties/responsibilities. This shall also be explored under the concept of human rights in this study.

Adopting a bottom-up approach and participatory processes gives IPs the opportunity to freely, actively and meaningfully participate in this diagnosis of their rights.

For further information, please refer to Appendix 1.1 and Appendix 1.2 of this Case Study.