Rushika Bakshi, Jindal Global Law School, Sonipat Nainika Singh, Jindal Global Law School, Sonipat
Page: 1048 - 1057
ABSTRACT
This research paper examines the legal frameworks and regulations that protect the rights of Indigenous Peoples and Tribals in the Philippines and India. The land and self-governance rights of Indigenous Peoples, also referred to as Scheduled Tribes (STs), are protected by the Fifth and Sixth Schedules of the Indian Constitution. Notwithstanding these safeguards, obstacles to the law's efficient application continue to exist, which results in problems including poor planning and improper handling of Tribal Sub-Plan funding. India does not openly recognize the existence of indigenous peoples within its borders and takes a noncommittal attitude on the UN Declaration on the Rights of Indigenous Peoples (UNDRIP).
Contrary to that, the Philippines offers many constitutional protections for tribal rights, such as the Indigenous People Rights Act of 1997. This law aims to support indigenous communities by defending their rights to ancestral lands, self-determination, and cultural preservation. By examining the legal systems, historical contexts, and challenges faced by Indigenous Peoples in both countries, this study seeks to shed light on the distinctions and similarities in the recognition and protection of tribal rights. By offering a comparative viewpoint on the topic of indigenous rights, the research aims to enhance policy discussions for the empowerment and well-being of Indigenous Peoples.
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