A House of Representative body has endorsed committee approval of a bill proposing to protect intellectual property rights of indigenous communities and at the same time may address issues surrounding the Apo Whang Od- Nas Daily controversy.
Anak Mindanao Partylist Rep. Amihilda Sangcopan disclosed that the House Committee on Indigenous Cultural Communities and Indigenous People’s may likely endorse soon the passage of the substitute bill for House Bill 7811 authored by Deputy Speaker and Antique Rep. Loren Legarda.
Sangcopan welcomed suggestions from colleaguest that the legislative proposal be dubbed the 'Apo Whang Od' bill as Legarda filed the bill to protect indigenous artists like the Kalinga expert tattooist.
“Apo Whang-Od has dedicated her whole life as she continues the art form and stands as living archive holding memory and mastery of Kalinga’s tattoo practice. The art of tattooing is an ancestral birthright of the community, the Butbut, of which Apo Whang-Od is a member," Legarda said in a press statement
She added: "Nas Daily should have gone through the process of seeking consent from the community, as stipulated under the Indigenous People’s Rights Act (IPRA), considering that the art form is considered communal traditional knowledge."
Entitled “An Act Promoting and Safeguarding Community Intellectual Rights of Indigenous Cultural Communities and Indigenous People’s”, HB 7811 provides protection of cultural heritage and intellectual rights of indigenous communities and its members.
A key provision of the measure is the creation of a registry under the National Commission on Indigenous Peoples wherein indigenous knowledge systems and practices are to be registered and recorded.
Sangcopan, who chaired the technical working group (TWG) that studied and proposed the substitute bill, said HB 7811 also entitles indigenous communities and IPs to royalties and other benefits as may be negotiated, for the use of their community intellectual rights (CIR) outside of the tribal territory. unity.
“It, thus, seeks to prevent abuses and exploitations of their CIRs as the family of Apo Whang Od and the Butbot tribe are facing right now,” said Sangcopan, senior vice chairperson of the Lower House indigenous cultural communities panel.
She noted that Apo Whang Od is “our revered and oldest mambabatok (tattooing) in Kalinga” whose brilliant tattooing techniques and artistry has been the subject of a contract between her and Palestinian-Israel vlogger Nuseir Yassin or Nas Daily.
Nas Daily has become the target of public criticisms over allegations of exploitation of Apo Whang Od by getting her to accept a one-sided contract for the Apo Whang Od Academy of his vlogs.
“We may have the Indigenous Peoples’ Right Act (IPRA) of 2007 (or Republic Act No. 9371); unfortunately, it does not provide specific provisions that protects the intellectual rights of the Indigenous Cultural Communities and Indigenous Peoples (ICCs/IPs),” said Sangcopan.
The administration lawmaker said HB 7811 is one legislative proposal that would protect indigenous peoples like Apo Whang Od because the bill seeks to safeguard and promote Community Intellectual Rights (CIR) of ICCs/IPs.
“We believe that with this landmark piece of legislation, we will be able to preserve, protect, and develop the past, present, and future manifestations of the cultures of ICCs/IPs, as well as their right to the restitution of cultural, intellectual, religious, and spiritual property taken without their free, prior and informed consent (FPIC) or in violation of their laws, traditions, and customs,” said Sangcopan.