Unravelling the strings attached: Philippine indigeneity in law and practice

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.