Ancestral Domain 3-D Modeling in the Philippines

8/14/2019 Ancestral Domain 3-D Modeling in the Philippines

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Mapping Ancestral Domain in theMapping Ancestral Domain in the

PhilippinesPhilippines

byby

Giovanni B. ReyesGiovanni B. Reyes

Sec-Gen, Koalisyon ng Katutubong Samahan NgSec-Gen, Koalisyon ng Katutubong Samahan NgPilipinasPilipinas

Kankanaey Tribe, Sagada, Mountain Province,Kankanaey Tribe, Sagada, Mountain Province,PhilippinesPhilippines


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OUTLINE

I. Historico-LegalPerspective

II. 3- DimensionalMap

III. Illustrative Case

IV.

Threats/Challenges

V. Opportunities &Lessons


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I. 15I. 15thth 20 20thth Century ColonialCentury Colonial

Laws Created Myths & LiesLaws Created Myths & Lies

1. Regalian Doctrine1. Regalian Doctrine

It is our will thatIt is our will thatALLALL lands heldlands held

without true deeds of grants bewithout true deeds of grants be

restored to usrestored to us because theybecause they

belong to usbelong

to us

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1898 Treaty of Paris: $20M sale ofPhilippines from Spain to the U.S

National Minorities no longer exist to an extentsufficient to justify continuation of Non-Christian


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The State Reiterated MythsThe State Reiterated Myths

& Lies& Lies

2. Legal Fiction2. Legal Fiction

All lands of the public domainAll lands of the public domain

andand otherothernatural resourcesnatural resourcestherein aretherein are owned by theowned by

the

StateState

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Not one from the 110 ethno-linguistic tribesparticipated in the Treaty of Paris. Instead , a SupremeCourt ruled that ancestral lands are private and

NEVER TO HAVE BEEN PUBLIC LAND...


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A century later, the ruling isA century later, the ruling isechoed in the Philippineechoed in the Philippine

Constitution and formedConstitution and formedpart of the legal system ofpart of the legal system ofthe land.the land.


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Section. 5Section. 5 The State shallThe State shall

..protect the rights of..protect the rights ofIndigenous CulturalIndigenous CulturalCommunities to theirCommunities to theirancestral landsancestral lands

Sec. 17 Art. XIVSec. 17 Art. XIV The State shallThe State shall

recognize, respect andrecognize, respect andprotect the rights ofprotect the rights ofICCs to preserve andICCs to preserve anddevelop their culturesdevelop their culturesand traditions.and traditions.

1987: Philippine1987: Philippine

ConstitutionConstitution


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Indigenous Peoples Rights Act ofIndigenous Peoples Rights Act of

19971997Recognition of IPRecognition of IP ownershipownership ofoftheir:their:

ADs -ADs - lands, inland waters, coastallands, inland waters, coastal

areas, andareas, and natural resources thereinnatural resources therein,,held under a claim of ownershipheld under a claim of ownershipsince time immemorial up to thesince time immemorial up to thepresentpresent

ALs lands under claims of individualALs lands under claims of individualownership including residential lots,ownership including residential lots,rice paddies & swidden farms.rice paddies & swidden farms.


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IPRA specifies SELF-DELINEATION in the identification ofIPRA specifies SELF-DELINEATION in the identification of

ancestral domains (sec 51)ancestral domains (sec 51) :: As such, the ICCs/IPs concernedAs such, the ICCs/IPs concernedshall have decisive role inshall have decisive role in all activitiesall activities pertinent theretopertinent thereto..


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What does this mean?

Delineation is NOT solely a technicalexercise, directed by, andunderstandable only to the technically

literate;

The community participate in all aspectsof the delineation process;

The authority to implement them, isdefined by LAW & NOT by bureaucrats!


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II.II. A scale model reflecting importantA scale model reflecting importantland and water features like residential,land and water features like residential,

agricultural and timberland.agricultural and timberland.


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It is rooted from peoples memoryIt is rooted from peoples memory

about landmarks and affirming theirabout landmarks and affirming theirhistorical, cultural, social, ecologicalhistorical, cultural, social, ecological

and spiritual assets.and spiritual assets.


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How does 3-D modelingHow does 3-D modeling

Begin?Begin?


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CommunityCommunity

Acceptance &Acceptance &

ParticipationParticipationExtents of the territory isidentified and sketched;

Common boundary markers

identified and consensus isbuilt.


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Mapping

grade GPS

ParticipantsParticipants

undergo trainingundergo training

prior to surveyprior to survey


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Next, ground survey is led byNext, ground survey is led by

village leaders using surveyvillage leaders using survey

equipmentequipment


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The AD area isThe AD area isidentified in theidentified in thebase map;base map;

Contour lines of theContour lines of theAD are traced fromAD are traced froman enlarged basean enlarged basemap;map;

Each layer is cutEach layer is cutrepresenting arepresenting aspecific contourspecific contourinterval of theinterval of theancestral domain.ancestral domain.

Building the 3DModel


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Contour layers are glued together;Contour layers are glued together;These are smoothened to gain better slopeThese are smoothened to gain better slope

accuracy.accuracy.


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Local landmarksLocal landmarks Trails, access routesTrails, access routes Extents of territoriesExtents of territories Movement patternsMovement patterns


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Information can be seen! ItInformation can be seen! It

isis

tangible!tangible!!!


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Land-uses and community resources areLand-uses and community resources are

color-coded;color-coded;


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Households

Trails

Kaingin

Main

road

ForestPeoplePeoplevisualizevisualize

pressures,pressures,

threats orthreats or

stresses instresses intheir particulartheir particular

resource mgt.resource mgt.

areasareas

Migrants


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Participatory GISParticipatory GIS

Cost-effective;Cost-effective;

Technology is noTechnology is nolonger the domain oflonger the domain of

experts and theexperts and the

eliteelite..

Tool for planningTool for planning

Accommodates socio-Accommodates socio-

cultural informationcultural information


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III. IllustrativeIII. IllustrativeCase:Case:

What 3-D modeling hasWhat 3-D modeling has

donedone

Id tifi dId tifi d


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IdentifiedIdentified

DisputedDisputed

BoundariesBoundaries

Conflict enmeshedConflict enmeshed

across:across:

Inter-tribal, inter-villageInter-tribal, inter-village

and inter-municipaland inter-municipal

dispute involving 7dispute involving 7ethno-linguisticethno-linguistic

groups, 14 villagesgroups, 14 villages

and 3 townsand 3 towns2626

ove commun es n oove commun es n o


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ove commun es n oove commun es n oactionaction

Identification of tribalIdentification of tribal

boundaries in the Peaceboundaries in the Peace

Pact. (bodong)Pact. (bodong)

Contending PartiesContending Parties

ReconcileReconcile

70,000 hectares in 1:500070,000 hectares in 1:5000

scalescale


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Warring tribes ArrivedWarring tribes Arrived

at Negotiatedat Negotiated

BoundariesBoundaries

War footing brokenWar footing broken

parties face &parties face &realize commonrealize common

legend and spacelegend and space

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Reactionfrominterest

groupsagainstmapping of

IndigenousLands hasbeen

violent.


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R.A. 8065R.A. 8065Geodetic Engineers LawGeodetic Engineers Law

Only licensed GeodeticOnly licensed GeodeticEngineers are allowed toEngineers are allowed to

conduct mappingconduct mapping


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OPPORTUNITIES

Survey regulations DO NOT APPLY to ancestralland and domains, as these are not, and werenever part of public land.

Native Title/Cario Doctrine UNREVERSED

Whatever the law upon these points may be everypresumption is and ought to be against the government.. It isproper and sufficient to say that when, as far back astestimony or memory goes, that land has been held byindividuals under a claim of private ownership, it will

be presumed to have been held in the same way frombefore the Spanish conquest, AND NEVER TO HAVE BEENPUBLIC LAND (Cario vs. Insular Government, 41 Phil 935).


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V. LESSON:V. LESSON: Maps are powerfulMaps are powerful

tools that allow people,tools that allow people,institutions and states toinstitutions and states to

record history, plan, managerecord history, plan, manage

and claim areas.and claim areas.

we have lost more landbecause of maps rather thanto bullets! But now we aretaking them back with the

use of maps


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KASAPIKASAPI

Land TenureLand TenureProject SitesProject Sites

(2009-2011)(2009-2011)

Documents

Ancestral Domain 3-D Modeling in the Philippines