The Indigenous speaker from the Philippines spoke of the Doctrine of Discovery in terms of the Regalian Doctrine. Under this concept private titles to land must be traced to some grant, express or implied, from the Spanish Crown or its successors, the American Government or the Philippine Republic. In a broad sense the term refers to royal rights. It was a result of the conquest, giving prerogatives by jure regalia as the natural fruit of conquest.

This concept was first introduced through the Laws of the Indies and the Royal Cedulas. The Philippines passed to Spain by virtue of discovery and conquest. Consequently, all lands became the exclusive patrimony and dominion of the Spanish Crown. All lands of the public domain, waters, minerals, coal, petroleum, and other mineral oils, all forces of potential energy, fisheries, forests or timber, wildlife, flora and fauna, and other natural resources are owned by the State. This continued when the Philippines were taken over by the United States.  This law was challenged in 1909 in the United States by the familia Carillo who had owned the land for centuries.  Justice Oliver Wendell Holmes made a Supreme Court Decision which reversed that, declaring that this land was never subject to ownership by the state.

Several nations spoke of their efforts to decolonize.  Among these were Bolivia, Ecuador, Brazil and Venezuela, Chile, Mexico, Ecuador and New Zealand.  Some of the Indigenous peoples of these states consider these efforts only a beginning.

Among the proposals by the Indigenous peoples were changing the name of the forum to the  Permanent Forum on the Rights of the Indigenous Peoples, adding an additional pillar to the social, economic, and environmental, which would be cultural. They also insisted that indigenous peoples are not “conquered peoples.”  They have continued to resist oppression all of these years and have refused conquest.

A very well attended side event was entitled Indigenous Peoples; Exercising Their Rights To Achieve Sumak Kawsay, Life At Its Fullest. One of the principle speakers was Maria Fernanda Espinosa, Minister from Ecuador. She spoke of the efforts of Ecuador to recognize the autonomy of the Kichua people and to live the alternative life in this new paradigm. Some of the aspects of this new paradigm are the “minga”, where people live in solidarity and serve one another. One of the Executive Decrees in Ecuador eliminates discrimination against the Kichua people and the Afro-Ecuadorians. The educational system has advanced from a bilingual system to an intercultural system with higher quality education. The financial inversion has grown from 5.3% to 13.8% of the GNP. The radio now includes the indigenous languages in far greater proportion. The government is now doing a thorough study of racism in order to transform attitudes. There is a much greater effort to choose diplomats who are indigenous persons.

A Mayan speaker, Otilia Lux de Cotti, spoke about this forum as an enormous challenge, which must not stay with papers and declarations.  We are speaking about the fullness of life. The Mayans know that we are children of Mother Earth. This is a great time of change, a huge 5000 year transformation. We must look anew at life, at the earth, at biodiversity.  We must not harm the earth.  It is a time to turn from individualism to collective solidarity. We women can be ministers of change.

Maura McCarthy pbvm

———