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Unravelling the strings attached: Philippine indigeneity in law and practice
Published online by Cambridge University Press: 22 March 2019
Abstract
After the fall of the Marcos regime in 1986, Philippine policymakers became the first in Asia to recognise indigeneity and Indigenous rights. By law, Indigenous groups throughout the archipelago now have priority rights to their ‘ancestral domains’, but in return they are expected to maintain an ‘ecological balance’ and cooperate with environmental regulations. As in many other parts of the world, the conditionalities of recognition mean that invocations of Indigenous rights often serve to initiate ever-deeper entanglements with governmental power. At the same time, however, Indigenous Peoples and their advocates do not approach the dilemmas of recognition as hapless bystanders; rather, they negotiate them in strategic and often unexpected ways. This article considers how members of Indigenous Palawan communities in the southwestern Philippines have used dominant policy assumptions to intervene in dispossessory processes. Specifically, I examine instances in which they have: (1) codified a ‘tradition’ of inheritance to influence legislative outcomes; (2) performed the policy narrative of ‘ecological balance’ to shape the outcome of conservation interventions; and (3) filed a civil case tacitly challenging official expectations that they govern themselves as homogenous collectivities. These examples, I argue, offer broader insights into the paradoxical and at times unexpected consequences of legislating Indigenous rights.
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- Copyright © The National University of Singapore 2019
Footnotes
The author would like to thank his research collaborators in Palawan, without whose insights and generosity this article would not exist. He would also like to thank the Environmental Legal Assistance Center, Palawan NGO Network, Conservation International, Protected Area Management Board of the Mt. Mantalingahan Protected Landscape, Palawan Studies Center at Palawan State University, and Institute of Philippine Culture at Ateneo de Manila University for their assistance with various aspects of this research. Funding was provided by the National Science Foundation, Social Science Research Council, University of Wisconsin Center for Southeast Asian Studies, Scott Kloeck Jensen Fellowship Program, and University of Oklahoma. Earlier drafts of this article were presented at the University of Arizona, Carnegie Mellon University, University of Wisconsin, and an annual meeting of the American Anthropological Association. The author received helpful feedback at each of those venues as well as from Miriam Gross, Dan Mains, Andreana Prichard, Ian Baird, and three anonymous reviewers.
References
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45 Povinelli, Cunning of recognition.
46 I agree with Goodale that overly ‘micro’ perspectives are equally problematic insofar as they ignore the broader political economy in which local struggles for recognition unfold. As I have argued elsewhere, however, ‘macro’ and ‘micro’ processes are mutually constitutive, and what I aim to do here is understand how the latter engage with, contest, and potentially subvert the former.
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54 Nadasdy, ‘Boundaries among kin’, p. 500. See also Henkel, Heiko and Stirrat, Roderick, ‘Participation as spiritual duty: Empowerment as secular subjection’, in Participation: The new tyranny, ed. Cooke, Bill and Kothari, Uma (London: Zed, 2001), pp. 168–84Google Scholar.
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56 Jimi never fully acknowledged that this account of his motives was accurate. But, as with many ‘off-transcript’ narratives, this one came to me in fragments over the following months as I interviewed people about other things.
57 Intimately connected to the recognition of Indigenous rights, post-authoritarian Philippine laws have also embraced neoliberal approaches to regulation that envision ‘local stakeholders’, particularly Indigenous ones, whose stewardship of local resources is rewarded by the market. Under this logic, commodification of NTFPs becomes an ideal way to promote Indigenous rights and sustainability, provided that their extraction is regulated customarily by a ‘validated’ Indigenous collective. Such thinking about NTFPs is, of course, a global trend and one that has been much debated by anthropologists and other social scientists. As Michael Dove observed more than two decades ago, we should not expect NTFPs to differ drastically from any other resource that is extracted from the hinterlands. The labour of extraction is performed by poor rural people, while most of the economic benefits accrue to the elites who control the supply chains. See Michael R. Dove, ‘Smallholder rubber and swidden agriculture in Borneo: A sustainable adaptation to the ecology and economy of the tropical forest’, Economic Botany 47, 2 (1993): 136–47.
58 The regional trader in question was even using permits from Bordo's association to fraudulently certify copal sourced in other areas in order to circumvent the costly permitting process there.
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67 Povinelli, Cunning of recognition.
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