Free, Prior, and Informed Consent 

The heart of Mindoro beats in the vibrant rhythm of the Mangyan people, represented by eight distinct ethnolinguistic groups

Mangyan People Organization (PO) Representatives:

1. Alangan-Mangyans Samahan ng Nagkakaisang Mangyan Alangan (SANAMA), Inc.
   
   
2. Bangon-Mangyans Nagkasadian Uyugan Bangon (NUB)
   
   
3. Buhid-Mangyans Sadik Habanan Buhid (SHB)
   
   
4. Hanunuo-Mangyans Pinagkausahan Hanunuo sa Daga Ginurang (PHADAG)
   
   
5. Iraya-Mangyans Mal-anggatan Iraya Paranawan Kakuyayan (MIPK)
   
   
6. Ratagnon-Mangyans HAGURA (Hanunuo Gubatnon Ratagnon, Inc.)
   
   
7. Tadyawan-Mangyans Kapyan Agpaysarigan Tadyawan, Inc. (KAMTI)
   
   
8. Taubuid-Mangyans Tagtasadi Fagayu Tau-buid (TFT)

Each of these communities embodies a unique thread in the intricate tapestry of Mangyan heritage—an enduring legacy woven through generations.

This cultural heritage is not merely a collection of artifacts but a living, breathing expression of Mangyan identity. It encompasses a wealth of indigenous materials and intellectual properties: the whispers of ancestral chants, the intricate art of woven textiles, the healing wisdom of traditional knowledge, and the stories that bind these communities. These are not just relics of the past, but sacred embodiments of dignity, culture, and existence that transcend time. They represent the collective memory of the Mangyan people and form the foundation upon which they build their self-determined future.

The Mangyan people possess an inherent and moral right to their cultural heritage. This right is deeply rooted in their ancestral lands, spiritual beliefs, and historical continuity. These cultural materials are sacred, inextricably tied to the Mangyan people's past, present, and future. They are not commodities to be exploited, but the very essence of the Mangyan identity.

While we acknowledge the potential for respectful collaboration and mutually beneficial exchange, this paper firmly asserts the primacy of Mangyan rights over their cultural heritage. Any interaction with Mangyan culture must be guided by the principles of Free, Prior, and Informed Consent (FPIC), respect for customary law, and equitable benefit-sharing.

Legal Framework and Property Rights

The legal framework supporting the Mangyan people's rights is robust. The 1987 Philippine Constitution (in Articles II, Section 22 and XIV, Section 17) affirms the recognition and protection of Indigenous Cultural Communities (ICCs) and their ancestral domains. The Indigenous Peoples Rights Act (IPRA, R.A. 8371) builds upon this foundation by recognizing the rights of ICCs to preserve and develop their culture, protect indigenous knowledge systems, and ensure their intellectual property rights (Sections 2, 7, 21, 22, and 32).

Key jurisprudence, such as Cariño v. Insular Government and Cruz v. Secretary of Environment and Natural Resources, strengthens the protection of ancestral domains and Indigen-

nous rights. Furthermore, the Intellectual Property Code (R.A. 8293), although focused on individual creators, must be interpreted in harmony with IPRA to respect the collective ownership of cultural expressions.

Internationally, the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) reaffirms the right of indigenous peoples to preserve their cultural heritage, including traditional knowledge and expressions. The work of the World Intellectual Property Organization (WIPO) also emphasizes the global commitment to safeguarding indigenous cultural heritage.

The Mangyan people hold these rights not as privileges, but as inherent, inalienable truths. These cultural expressions must be used in ways that honor the authority of the Mangyan people, governed by their own laws and traditions. Commercial or social exploitation without genuine consent is an affront to their dignity and fundamental rights.

Policy Recommendations

In line with the principles of FPIC and the mission of the Mangyan Heritage Center (MHC), we call for the following policies to guide interactions with Mangyan cultural heritage:

1. Researchers: All research must adhere to FPIC protocols, with proposals reviewed and approved by Mangyan community leaders. Proper citation of the Mangyan ICC and the relevant culture bearers must be included.

2. Writers, Producers, Directors, and Actors: FPIC is mandatory for any use of Mangyan cultural elements in media. Productions must ensure accurate and respectful portrayals of Mangyan culture.

3. Commercial Artists, Designers, and Artisans: FPIC is required for the use of Mangyan cultural materials or artistic styles. This should be accompanied by proper attribution and equitable benefit-sharing.

4. Teachers, Administrators, and Educational Institutions: Educational materials that incorporate Mangyan culture must adhere to FPIC and promote respect for Mangyan intellectual property. Materials should acknowledge the Mangyan ICC as the source.

5. Religious Figures (Catechists, Preachers, Church Workers): Cultural traditions must be respected, avoiding appropriation or proselytization. FPIC is required for the use of indigenous materials in religious contexts.

6. Government Workers/Representatives: Mangyan rights must be upheld in all activities and events, developed in consultation with Mangyan communities and respecting their customary laws.

7. News Reporters: Reporting should be accurate, free from stereotypes, and prioritize the voices of the Mangyan people.

8. Social Media Influencers: Any use of Mangyan cultural materials or expressions online must be done with FPIC, ensuring responsible and respectful representation. Cultural origins must be acknowledged.

9. NGOs: Projects must prioritize Mangyan self-determination, based on FPIC and respect for customary laws.

10. Hikers and Visitors: Respect for Mangyan rights is paramount. FPIC is required for any use of indigenous materials, and sacred sites and burial areas must be respected and left undisturbed.

A Call for Respect of Authorship and Ownership

Each Mangyan ICC is the rightful author and owner of their cultural expressions and materials—whether oral traditions, crafts, or designs. Any improvements or innovations to these cultural works must be credited to the originating ICC, and the FPIC process must be followed. When these cultural expressions are used commercially, the ICC is entitled to fair compensation and a just share of any revenue generated.

A Call for Justice and Accountability

Misrepresentations or violations of Mangyan rights will be addressed swiftly. The MHC will support Mangyan organizations in pursuing legal action to correct abuses or misuses of their rights. Social media content creators, including on platforms like YouTube, TikTok, Facebook, and Instagram, must adhere to FPIC and respect the Mangyan people’s cultural heritage. The MHC will monitor digital content and ensure that Mangyan heritage is not misrepresented or exploited.

A Call for Harmony

The Mangyan people seek inclusive progress and development, but on their own terms. They aspire to partnerships based on mutual respect, not exploitation. The MHC serves as a steward of their cultural heritage, facilitating respectful collaboration while upholding the Mangyan people's right to self-determination. Through FPIC, equitable benefit-sharing, and genuine partnership, we can create a future where Mangyan culture flourishes—vibrant, strong, and thriving for generations to come.

The Role of the Mangyan Heritage Center (MHC)

The MHC is dedicated to preserving and promoting Mangyan cultural heritage. As a custodian of cultural knowledge, we actively support Mangyan artisans, musicians, and cultural bearers by providing resources and opportunities for cultural empowerment. The MHC maintains a list of contacts and names of leaders of the People Organizations in its records. However, it is the responsibility of the individual or organization to seek FPIC directly from the concerned PO.

The MHC will not engage with entities involved in land claims or exploitative initiatives that threaten Mangyan cultural heritage or well-being. We will also not support ecotourism or development projects that exclude Mangyan communities or undermine their rights.

The MHC serves as a repository for Mangyan cultural knowledge, ensuring its preservation under the control of the Mangyan people. We are committed to empowering the Mangyan people to control their narrative and build a sustainable future based on respect, justice, and the recognition of their human rights.

Finally, we call on all who engage with Mangyan cultural heritage to respect their rights and honor their traditions. By working together in partnership, we can ensure that the Mangyan people continue to live and express their values, beliefs, and aspirations for generations to come.

References:

The 1987 Constitution of the Republic of the Philippines.

Republic Act No. 8371, The Indigenous Peoples Rights Act (IPRA).

Republic Act No. 8293, The Intellectual Property Code of the Philippines.

United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP).

Cariño v. Insular Government, 21 Phil. 365 (1911).

Cruz v. Secretary of Environment and Natural Resources, G.R. No. 135385, December 6, 2000.