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Regaining Paradise Lost: Indigenous Land Rights and Tourism
Using the UNGPs on Business and Human Rights in Mainstreaming Indigenous Land Rights in the Tourism Industry
ä¸ç¼ï¼- International Studies in Human Rights, å·ï¼ 126
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Mary Kristerie A. Balevaâs Regaining Paradise Lost: Indigenous Land Rights and Tourism uses the UN Guiding Principles on Business and Human Rights as its overarching legal framework to analyze the intersections of indigenous land rights and the tourism industry. Drawing from treatises, treaties, and case law, it traces the development of indigenous rights discourse from the Age of Discovery to the adoption of the UN Declaration on the Rights of Indigenous Peoples. The book highlights the Philippines, home to a rich diversity of indigenous peoples, and a country that considers tourism as an important contributor to economic development. It chronicles the Ati Communityâs 15-year struggle for recognition of their ancestral domains in Boracay Island, the regionâs premiere beach destination.
Mary Kristerie A. Baleva, Ph.D. (2017) is a human rights lawyer serving in the Philippines' Department of Environment and Natural Resources. She has published articles on business and human rights, and the proceedings at the Khmer Rouge Tribunal in Cambodia.
List of Illustrations List of Cases Acknowledgements Terms, Abbreviations and Acronyms Glossary of Terms Introduction 1 Indigenous Peoples and International Law â§1 Historical Underpinnings â§2 Developments in International Law: An Overview â âI Natural Law and the Law of Nations â âII The Uncivilized Other §3 The International Labour Organization â âI The âNative Labour Codeâ â âII The Integrationist Paradigm and Milestones in 1950s â âIII Ilo Convention Concerning the Protection and Integration of Indigenous and Other Tribal and Semi- Tribal Populations in Independent Countries â§4 The United Nations and the Human Rights Regime â§5 The Iloâs Indigenous and Tribal Peoples Convention, 1989 ââI Shifts in the Paradigm ââII Consultation and Participation ââIII Land and Indigenous Peoples â§6 The UN Declaration on the Rights of Indigenous Peoples ââI Individual and Collective Rights ââII Self-Determination ââIII Free, Prior, and Informed Consent â§7 Conclusion 2 Soft Law and Hard Realities: The UN Guiding Principles on Business and Human Rights â§1 Cautionary Tales â§2 Developments in the Business and Human Rights Discourse â§3 The United Nations âProtect, Respect and Remedyâ Framework ââI The Three Pillars of the UNGP s ââII Principled Pragmatism â§4 Conclusion 3 Indigenous Filipinos: The Regalian Doctrine and Indigenous Rights Prior to the 1987 Constitution â§1 Pre-Colonial Philippines â§2 Introduction of the Regalian Doctrine â§3 The American Succession ââI American Policies on Indigenous Filipinos ââII Indigenous Peoples in Jurisprudence â§4 Land Policies During the Colonial Government and the Regalian Doctrine in the 1935 Constitution â§5 Iteration of the Regalian Doctrine in the 1973 Constitution ââI The Marcos Regimeâs Policy on Indigenous Peoples ââII Ancestral Territories as Part of the Public Domain â§6 Conclusion 4 Indigenous Rights under the 1987 Constitution â§1 The Status of International Law in the 1987 Constitution and Philippine Jurisprudence ââI The Philippines as a Dualist State ââII Judicial Review â§2 Philippine Human Rights Law ââI Human Rights in Jurisprudence ââII The Philippine Commission on Human Rights: Bastion of Human Rights or Paper Tiger? â§3 Obligations under the International Bill of Human Rights and the Core Treaties â§4 The Current Iteration of the Regalian Doctrine â§5 Indigenous Rights Discourse under the 1987 Constitution â§6 Developments Prior to the Passage of the IPRA ââI Pre-IPRA Government Agencies ââII Indigenous Peoples in Autonomous Regions ââIII DENR Administrative Order No. 02, Series of 1993 â§7 The Indigenous Peoples Rights Act of 1997 ââI Indigenous Peoples in the Philippines ââII Legal Basis of the ipra and Its Governing Principles â§8 The IPRA âs Rights Protection Regime ââI Rights to Ancestral Domains and Lands ââII The Right to Social Justice and Human Rights ââIII Right to Self-Governance and Empowerment ââIV Right to Cultural Integrity ââV Right to Remedies â§9 The Right to FPIC in Tourism: the Experience of the Calamian Tagbanua of Coron Island, Palawan â§10 Conclusion 5 Tourism and Indigenous Land Rights â§1 Tourismâs Impacts on Indigenous Rights â§2 The UN World Tourism Organization â§3 The Global Code of Tourism Ethics ââI The Gcetâs 10 Principles ââII Analyzing the GCET ââIII The Framework Convention on Tourism Ethics and Its Optional Protocol â§4 Tourism in the Philippines ââI The Tourism Act of 2009 ââII Tourism Governance ââIII Tourism Enterprise Zones ââIV Grievance Mechanisms ââV Incentives for Social Responsibility Initiatives â§5 Respecting Human Rights in the Tourism Industry ââI Corporate Policy Commitment ââII Human Rights Due Diligence in Tourism ââIII Dispute Resolution through the World Committee on Tourism Ethics â§6 Conclusion 6 The Ati Community of Boracay Island â§1 Boracay: Profile of an Island Paradise â§2 Remembering The Atiâs Boracay ââI Boracay before Mass Tourism ââII The First Boracaynon ââIII The Contemporary Ati Community â§3 Tourism on the Rise ââI Boracay as a Tourist Zone ââII Tourism Governance in Boracay â§4 Displacement and Resettlement ââI Relocation to Bolabog ââII Charity-Based Approach to Displacement â§5 The Political Alternative: an Ati Reservation via Presidential Proclamation â§6 Presidential Proclamation No. 1064 â§7 The Ati as Rights-Holders: The CADT Application Process ââI Consultation and Data Gathering (2001 to 2006) ââII The NCIP Bureaucracy ââIII The âAti Problemâ ââIV Delay in the Delineation of the Atiâs Ancestral Domains â§8 The Ati and Their Ancestral Domains ââI Issuance of the CADT ââII Occupation through âSelf-Installationâ â§9 Death in the Community â§10 Conclusion ââI Obstacles to the Implementation of the IPRA ââII Human-Rights Based Approach vis-à -vis Altruism and Charity ââIII Justice for Dexter ââIV Basis of the NCIP En Bancâs 19 April 2012 Decision on the Case for Injunction ââV Tourism and the Ati of Boracay Conclusion Bibliography Index
Regaining Paradise Lost: Indigenous Land Rights and Tourism is a compelling read for scholars, advocates, students, businesses, and anyone interested in the intersections of human rights and the tourism industry.