The Indigenous Peoples’ Rights Act of 1997 (R.A. 8371) and controversy behind The NAS Academy’s Whang-od Course

Nas Academy, the online ed-tech platform of Nuseir Yassin of Nas Daily recently offered and later took down from its website its online course on the Kalinga traditional tattooing.

Prior to it being taken down, the course offered “an opportunity to learn the ancient art of tattooing from the 104-year-old Whang-Od” for the amount of P750.

The web-based academy bore the brunt of public criticisms in the Philippines when Whang-od's grandniece Gracia Palicas spoke up on social media and called the course a "scam”, claiming that her grandaunt did not sign any contract with the academy.

The Nas Daily-led online learning platform later posted in its defense a video showing Whang-Od affixing her thumbprint to a contract, according to Rappler News.

What Nas Academy missed out on is that their act of getting the so-called consent of Whang-Od was not just tasteless, it also apparently failed to comply with the provisions of RA 8371  or "The Indigenous Peoples’ Rights Act of 1997", to wit:

SECTION 1. Short Title. — This Act shall be known as “The Indigenous Peoples’ Rights Act of 1997”.

 

“Free and Prior Informed Consent — as used in this Act shall mean the consensus of all members of the ICCs/IPs to be determined in accordance with their respective customary laws and practices, free from any external manipulation, interference and coercion, and obtained after fully disclosing the intent and scope of the activity, in a language and process understandable to the community;”

 

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“SECTION 32. Community Intellectual Rights. — ICCs/IPs have the right to practice and revitalize their own cultural traditions and customs. The State shall preserve, protect and develop the past, present and future manifestations of their cultures as well as the right to the restitution of cultural, intellectual, religious, and spiritual property taken without their free and prior informed consent or in violation of their laws, traditions and customs.”

 

Anthropology professor Dr. Nestor Castro, PhD of the University of the Philippines, in a Facebook post wrote: “First, Nas Daily does not understand Kalinga culture. Whang-od is not just an individual artist but she is also a member of the Butbut Tribe of Kalinga. Her skill on the art of traditional tattooing is derived from the indigenous knowledge of generations of Kalinga ancestors. Thus, this indigenous knowledge is collectively owned (although it may be individually practiced) by the Butbut. Thus, the consent of the members of the Butbut is necessary if this knowledge is to be shared to outsiders. Getting the permission of one individual is not enough.”

“Secondly, Nas Daily does not know Philippine law, more particularly Republic Act No. 8371 or the Indigenous Peoples Rights Act (IPRA) and its Implementing Rules and Regulations. Free and prior informed consent (FPIC) is required when the knowledge of indigenous peoples is used for commercial purposes. This consent is secured from the members of the ancestral domain, in this case the members of the Butbut Tribe and not from just one individual or her family. This is especially true of the Whang-od Academy will reveal to outsiders about the indigenous community's rituals.”

Prof. Castro has a valid point. It’s time for Nas Academy to own up to its mistake and apologize to the public.