In his speech during the launching of the World Indigenous Peoples Day on August 5, 2024, Councilor Arthur Allad-iw called for the revision of three national laws to address what he described as ‘historical injustices’ against the city’s indigenous peoples: the Indigenous Peoples Rights Act of 1997 (IPRA), Revised Charter of the City of Baguio, and Bases Conversion and Development Act of 1992.
Allad-iw expressed objection to Section 78 of IPRA, a special provision which specifies that Baguio City will continue to be governed by its own charter. This provision maintains the classification of lands within the city that have been proclaimed as part of its townsite reservation. It also stipulates that land rights and titles recognized or acquired before the IPRA came into effect will remain valid, but this protection does not extend to new territories that become part of the city after the law’s enforcement.
The councilor has been denouncing this provision, claiming that it perpetuates the loss of ancestral lands for indigenous communities in the city. For him, this provision undermines the IPRA’s goal of protecting IPs’ rights and contradicts the principles of the Mateo Carino Doctrine.
Allad-iw also criticized Republic Act 11689, the Revised City Charter, for failing to address the 1909 City Charter’s omission of the traditional land ownership system of the Ibalois (Baguio’s original settlers) and other indigenous peoples in the city. According to the councilor, this law merely reiterates Section 78 of the IPRA.
For context, the Baguio City Council has been very critical of the Revised City Charter even before it lapsed into law on April 11, 2022. The legislative body of the city government has been citing concerns over its lack of territorial jurisdiction, ambiguous provisions, and possible interference from external entities such as the Bases Conversion and Development Authority (BCDA) and John Hay Management Corporation which could be detrimental to the welfare of IPs.
The city council has been urging a thorough review and public consultation to address these issues, particularly focusing on ancestral land rights.
Allad-iw likewise assailed the Bases Conversion and Development Act of 1992 for what he perceived as its neglect of the rights and welfare of indigenous peoples, particularly those affected by the conversion of military reservations into economic zones.
Allad-iw pointed out that the BCDA’s development of Camp John Hay, following its turnover by the United States in 1991, ignored ancestral land claims and increased the area from 570 to 625 hectares without addressing these concerns.
He specifically mentioned the 19 conditionalities which the city government had imposed when the Master Development Plan for Camp John Hay was formulated. He emphasized that these conditions have not been fulfilled or properly addressed.
The 19 conditionalities were intended to safeguard the interests and concerns of the local communities, including ancestral land claims of the IPs. Allad-iw claimed these conditions have remained in limbo, resulting in neglect in rectifying historical injustices and failure in honoring commitments made to IPs regarding their ancestral lands.
“There is a need to revise the mentioned legislations to correct the historical injustices inflicted on indigenous peoples. These legislations should align with the rights of indigenous peoples, particularly concerning their ancestral lands and environment, and ensure the welfare of all residents, including those who have come to live alongside the original inhabitants of the city,” Allad-iw stated.
In his speech, he also briefly discussed the historical significance of World Indigenous Peoples Day, the Mateo Carino Doctrine, the UN Declaration on the Rights of Indigenous Peoples, and the Ibalois’ resistance against colonialism.
In closing, Allad-iw called on Baguio citizens to uphold and realize the rights of indigenous peoples in the city as it celebrates the 1st World Indigenous Peoples Day. He emphasized that this commitment should extend to the rights of all residents, in honor of the city’s status as an inclusive human rights city, a designation achieved through a resolution passed by the city council. -Jordan G. Habbiling
