Reclaiming the ancestral waters of indigenous peoples in the Philippines: The Tagbanua experience with fishing rights and indigenous rights Robert Charles G. Capistrano Ã,1 Saint Mary’s University (Management Science/Environmental Studies) 923 Robie Street, Halifax, Nova Scotia, Canada B3H 3C3 article info Article history: Received 1 September 2009 Received in revised form 28 September 2009 Accepted 29 September 2009 Keywords: Ancestral waters Indigenous peoples Fishing rights Indigenous rights Philippines abstract This paper discusses the impact of local and national policies in the Philippines on the participation of indigenous peoples in relation to fisheries management. Specifically, this research focuses on the Tagbanua, an indigenous group in Coron Island, Palawan, on the western side of the Philippines. The struggle of the Tagbanua in reclaiming their ancestral title to the land and sea reflects broader moves toward self-determination, which is critical not only to their ancestral lands and waters, but also to their survival. Indigenous rights are essential in addressing social justice and in giving a greater voice that encourages indigenous peoples towards self-governing institutions and common management of resources. Significantly, the fundamental development of indigenous peoples lies in the recognition of their rights in their ancestral domain and the preservation of their culture, tradition, system, practices and their natural resources. This paper examines the Tagbanua experience, through a critical exploration of institutions and property rights, with attention to corresponding effects in reducing conflict with other stakeholders in the area, and in affecting the sustainability of fishery resources. & 2009 Elsevier Ltd. All rights reserved. 1. Introduction The term ‘indigenous peoples’ refers to us, the more than twelve million descendants of the original inhabitants of this archipelago who have somehow managed to resist centuries of colonization and in the process have retained their own customs, traditions and life ways. Our ancestors were once upon a time the only inhabitants on these islands, and as such even during those early times, already exhibited the attributes of independent states, namely: people, territory, government (through their customs and traditions and indigenous socio-political institutions), and sover- eignty (for they were free and independent communities) [1]. This paper discusses the impact of local and national policies on the participation of the indigenous peoples in the Philippines in relation to fisheries management. In the Philippines, as elsewhere, indigenous peoples face multiple issues in securing their rights to fish in their coastal area, including lack of tenure and legal recognition of their traditional rights in national constitutions and laws, discrimina- tion and culturally insensitive policies and development projects. This paper focuses specifically on the Tagbanua 2 (which may also be written as ‘‘Tagbanwa’’), an indigenous group in the south-western Philippines. Drawing on a review of scholarly literature written by environmental lawyers, human rights activists and social anthro- pologists, this research critically examines the case of the Tagbanua because they represent the historic struggles of other indigenous peoples in the Philippines in providing policy options towards their recognition, self-determination, and governance in managing natural resources. While the basic premise assumes that the right to access and control of ancestral domain 3 is critical to the indigenous peoples (IPs) in the Philippines, this paper addresses the following questions: (1) What does property rights mean to indigenous peoples who have been historically dependent on their natural resources?; (2) What level of organization or institutional mechanism is viable in the management of fisheries for IPs?; and (3) In the context of fisheries management, how should we integrate property rights with indigenous rights? The participation of indigenous peoples requires building their capacity in various management aspects—assessment, planning, ARTICLE IN PRESS Contents lists available at ScienceDirect journal homepage: www.elsevier.com/locate/marpol Marine Policy 0308-597X/$ - see front matter & 2009 Elsevier Ltd. All rights reserved. doi:10.1016/j.marpol.2009.09.012 Ã Tel.: +1902 4205003. E-mail address: robert.capistrano@dal.ca 1 Fellow of the United Nations—The Nippon Foundation of Japan Fellowship Programme. 2 Other authors use ‘‘Calamian Tagbanua’’ rather than ‘‘Tagbanua’’ to differentiate the Tagbanua’s from the Calamianes group of islands with the Tagbanuas in mainland Palawan. For consistency, the author uses ‘‘Tagbanua’’ for the entire study. 3 As defined in Section 3.a. of the Indigenous People’s Rights Act of 1997, this refers to all areas generally belonging to indigenous cultural communities/ indigenous peoples (ICCs/IPs) comprising lands, inland waters, coastal areas, and natural resources therein, held under a claim of ownership, occupied or possessed by ICCs/IPs themselves or through their ancestors, communally or individually since time immemorial, continuously to the present except when interrupted by war, force majeure or displacement by force, deceit, stealth or as a consequence of government projects or any other voluntary dealings entered into by government and private individuals, corporations, and which are necessary to ensure their economic, social and cultural welfare. Marine Policy 34 (2010) 453–460