UNOPS and the European Union help access to justice for indigenous people across the Philippines

BUTUAN – “Our mothers and their mothers gave birth to us here in the mountains. Far away from the cities,” said Bae Dalayagan Gloria Penaso, a tribal leader from the Manobo, an indigenous people from the island of Mindanao in the Philippines.

“After giving birth, they had to take care of their children. They were not able to journey to the cities to get birth certificates. This is why many of us today do not have one,” she explained.

Yet without a birth certificate a child is more vulnerable to poverty and exclusion. They are unable to access public education. Nor are they able to access government social welfare programs such as 4Ps, which are intended to break the cycle of intergenerational poverty in the Philippines.

Access to Justice Services

Through a grant from the European Union’s Governance in Justice (GOJUST) Programme, Father Saturnino Urios University (FSUU) has been able to provide legal aid services to this indigenous community. Support was focused on notarizing affidavits to secure birth certificates, so Manobo children acquire legal identity and can access their rights. But the University team – comprised of law students and professors – also equipped villagers with knowledge about their rights under the law, and provided legal advice to tribal leaders on disputes between their community.

“We are grateful to FSUU because whenever they came to our community, they helped everyone. They never chose one group over another. Many of our children have birth certificates because of them,” said Bae Avelyn Makigod, another Manobo tribal leader leading her community. 

“The legal advice provided by FSUU has also allowed us to reconcile both mainstream law and our customary indigenous law in arbitrating disputes,” explained Bae Makigod.

Both female leaders placed a strong emphasis on education for their children. Tribal leader Bae Penaso proudly introduced Joy, currently an 18-year old Caraga State University student, majoring in mining engineering. She is hopeful that more of the youth in her community will be able to attend university as well. With their newly acquired birth certificates, more Manabo children may have that opportunity someday.

European Union’s GOJUST Grant Facility

Since launching the grant facility one year ago, about 2,300 women, children  and men have been provided with legal aid services and received  knowledge and training on their rights.

Christoph Wagner, Head of Cooperation at the EU Delegation to the Philippines, explained the reason for the EU’s support to initiatives like this one:

 “Access to justice is fundamental to building a fair, inclusive, prosperous and peaceful society. The European Union has been a committed partner to the Philippine’s Justice Sector reform since 2006, and our engagement stems from the importance we attach to democracy, human rights and the rule of law.”

FSUU is one of GOJUST’s 12 grantee universities that implement the Clinical Legal Education Program (CLEP) of the Supreme Court as a pathway to promote access to justice for indigenous people, women and other people in vulnerable situations. The CLEP is a credit-earning teaching course with the goal of providing law students with knowledge for the application of the law, delivery of legal services and promotion of social justice, especially to marginalized communities.

This 9 August 2023, the world commemorates Indigenous Peoples’ Day; recognizing the critical need to protect and promote the rights of indigenous peoples. Protecting indigenous peoples  goes to the heart of achieving Sustainable Development Goal Target 16.9, providing legal identity for all including free birth registration by 2030.

“UNOPS is proud to be implementing this programme in partnership with the European Union,” said Joy Jakosalem-Balane, Senior Project Manager of the GOJUST Project.

“Access to Justice services is critical for vulnerable groups such as indigenous people. Together with the EU, we’ve been working with vulnerable communities since 2016, ensuring no one gets left behind,” Balane said.

With a total grant of EUR19 million (Php 1.1 billion) over a period of  four years, the EU’s GOJUST programme supports the Government of the  Republic of the Philippines’ efforts to improve access to justice for  all Filipinos, and thus, contribute to inclusive and sustainable  socio-economic development. GOJUST works with the Philippine Supreme  Court, the Department of Justice, and the Department of the Interior and  Local Government to develop more responsive and accountable justice  services in the country. In addition, GOJUST aims at strengthening the  Commission on Human Rights to help it carry out its constitutional  mandate of civil and political rights protection and enhance human  rights promotion in the Philippines. This component is co-funded with  the Spanish Agency for Development Cooperation (AECID), with an  additional EUR 1 million (Php 59.47 million).