Towards Liberating Education: A Proposed Rights-based Instructional Planning Approach for Teaching Higaonon Learners in the Philippines

ABSTRACT


INTRODUCTION
Quality education has been considered a top priority of almost all countries worldwide (Masino et al., 2016;Grant, 2017). Educational planners, curriculum experts, school administrators, management decision-makers, and development policymakers have continuously forwarded educational reforms and programs to realize the targeted goals of the universal right to education. They have merged several educational principles and ideas to develop a solid and clear pathway for equipping learners with 21stcentury skills and competencies responding to globalization-induced demands. In the international IJAE Page 174 understanding in learning areas is caused by a lack of an instructional planning model that best explicates the subscription to RBA as a development framework. That limited idea of using RBA in education has made the IPEd framework an old wine in a new bottle. An instructional planning approach designed to explicate RBA was proposed in the present study to address this. The proposed instructional planning approach argues that the deepened understanding of rights would allow indigenous learners to hold tightly on to their sovereignty as stipulated by the Philippine constitution and Indigenous Peoples Rights Act (IPRA) law. The increased comprehension of the rights to cultural integrity, ancestral domain, social justice, and self-governance could lead to the recognition, respect, and promotion of the indigenous learners' rights and multi-dimensional well-being, thus empowering them toward national development (Rosnon & Talib, 2019). The proposed rights-based instructional planning approach for IPEd has also been formulated to shift education roles from liberal to liberating functions.
The present K-12 curriculum adheres to liberal education, a holistic approach to education that provides an understanding of individuals' well-being (Sergio, 2012). However, as argued, the function seems static and unadvanced in fulfilling legitimate human rights since education is an inherent and universal right to enjoy and not to fight for. On the other hand, the proposed instructional approach is anchored on liberating education, which permits Higaonon learners to gradually strike out the inferior status influenced by the homogenous standards introduced and promoted by mainstream society. This liberating education would make them more critical in decision-making processes that greatly concern their communal and individual lives. This kind of education recognizes the importance of making indigenous learners agents of transformation to correct the long-overdue historical injustices, end pervasive and persistent marginalization, and overthrow frequent discrimination (Scardua & Galvão, 2017). The present study proposes a rights-based instructional planning approach to help Higaonon learners achieve a liberating education toward empowerment. The principal objectives were as follows: 1. To describe the assumptions about Higaonon learners under the rights-based instructional planning approach 2. To determine the components of the rights-based instructional planning approach. 3. To examine the enablers and constraints that may affect the implementation of the rights-based planning approach.

Rights to Ancestral Domains on Instructional Planning
Ancestral domain is one of the four features of rights-based instructional planning for IPEd. As defined by IPRA law (RA 8371), ancestral domain pertains to all areas owned by the IPs; these constitute inland waters, natural resources, compromising lands, and coastal areas. It also covers pasture, forests, agricultural, residential, ancestral lands, and other lands that are owned individually, whether declared alienable or disposable. The law further states that hunting grounds, burial grounds, worship areas, bodies of water, mineral and other natural resources, and lands the IPs traditionally had access to, are covered although they no longer occupy these areas (De Vera, 2007). This definition of IPRA law was further expanded by the National Commission on Indigenous Peoples (NCIP), which is a government agency that explicates ancestral domains/lands as territories, including not only the physical environment but the general environment, such as the spiritual and cultural connections of the indigenous peoples to the areas that they have claims of ownership (Abeto et al.,2004;Erasga, 2008). Thus, the IPs can use the ancestral domain as a powerful weapon to claim their rights to selfdetermination and governance (Erasga, 2008). In support by Wetzlmaier (2012), highlighted that "land is life," which means it is beyond the source of livelihood for IPs.
The ancestral domain is a well-defined territory claimed by a certain community that supported their biological and economic needs and was the basis of their cultural identity (Prill-Brett, 1994;Bandara, 2007;Erasga, 2008). Several programs have been initiated to uphold the rights of IPs to their ancestral domain, such as the Community-based Forest Management (CBFMA) program (Magno, 2001); the long-term access and user rights through a Certificate of Ancestral Domain Claim (CADC) (de Castro, 2013); and the so-called Protected Area Community-based Resource Management Agreement (PACBRMA) ( Van der Ploeg et al., 2016). Conversely, despite these programs recognizing their inherent rights to control their ancestral lands, IPs still face many challenges concerning their AD rights. The land is a central issue affecting IPs' autonomy and survival of their identities. The prevailing socio-economic IJAE Page 175 struggles in some rural areas have undermined the meaning of land as home and bearers of cultural identity (Wetzlmaier, 2012). In his paper, Molintas (2004) divulged several stories provided by IPs regarding how individuals and businesses familiar with the previous land ownership system fraudulently divided and titled ancestral lands. Even the requirement for any extractive activities in ancestral domains, such as Free Prior and Informed Consent (FPIC), was easily bypassed, manipulated, or poorly implemented by companies and government agencies (Backlund, 2013). This exploitation negatively impacted the ancestral domains (Wetzlmaier, 2012;Sarmiento, 2012;Peliño & Maderazo, 2012). In consonance with these situations, Santiago (2018) also identified that aside from difficulties encountered in land titling, "development aggression" is an additional burden to the IPs related to land ownership.
Responding to these, NCIP (1997), through its administrative order, mandated the preparation of an ancestral domain sustainable development and protection plan (ADSDPP) following IPs' customary practices, laws, and traditions to their exercise, enforcement, and realization of these rights. This ADSDPP was a framework constructed through a rights-based approach to development that aimed to operationally recognize, promote, and protect the fundamental human rights, which are inherent rights of a person as a human being and rights as indigenous peoples (Abansi, 2011).
Including rights to ancestral domains in the school-based curriculum gave IPs an overview of their inherited rights over land and natural resources. It is believed that, through inclusion, indigenous learners would not only be aware of the natural resources they own, but they would become more responsible for taking their obligations of protecting and preserving their inherited land rights to be passed on to the next generation of cultural and duty bearers. Additionally, being acquainted with their ancestral domains would help IPs in identity formation as they try to embody the richness and uniqueness of their own cultures (Singh & Reyner, 2011),

Rights to Cultural Integrity on Instructional Planning
Cultural homogenization becomes a major problem in preserving Indigenous knowledge systems and practices (IKSPs) and indigenous learning systems (ILSs) of the IPs. Due to globalization, the loss and possible extinction of their cultures would have a major negative impact on the identity-formation of every indigenous learner (Backlund, 2013). Given this scene, cultural integrity is another salient feature of rights-based instructional planning. As the definition provided by RA 8371, cultural integrity is the all-inclusive and integrated commitment of IPs to their unique customs, beliefs, traditions, indigenous knowledge systems, and practices, as well as the declaration of their identity as peoples (NCIP, 1997). Cultural integrity clearly defines the ways and hows in the life of the IPs that must be taken as their natural rights in the country. Cruz (2017) explained that indigenous knowledge of traditional expressions, practices and beliefs is an important community right of IPs that must be respected and protected. It echoes Sections 32 and 34 of R.A. 8371, which aids the protection of the intellectual property rights of indigenous people and communities (Champagne, 2013). Cultural rights are human rights; depriving or restricting individuals of their cultures is also robbing them of their human dignity. These rights have proven valuable for the IPs to exercise their rights over ancestral domains (Holder, 2008).
On the contrary, the preservation of IKSPs and ILSs and the enjoyment of cultural rights received little importance in the national legislation of the Philippines since there was no well-explained provision that was fully devoted to the protection of traditional knowledge (R.A. 8293) (Aldeguer, 2014). The works produced through traditional knowledge and conventional forms of intellectual property like patents, trademarks, and copyrights did not have the same level of legal protection. Consequently, IPs' bearers of traditional knowledge in the Philippines were not completely safeguarded or abused by outsiders for financial benefit.
Apart from cultural loss in intellectual property rights of traditional knowledge, Nieto (1992) stated that minority children were confronting some problems in school, such as pain, alienation, isolation, and rejection, as the curriculum used was not taken from and structured from the lived experiences that these students may be going through. It is argued that students performed better and were more academically and socially successful when their culture was recognized, portrayed favorably in the school curriculum, and used as a fundamental source of information. May feel that whatever was not valued by the school was not worth learning (Nieto, 1992). It was further clarified by Ahmed &

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Narcy-Combe (2011) in her study, in which she examined the importance of inclusion and recognition of cultures in school curricula. She found out that cultural representation in the academic curriculum ensures the learning success of the students. Substantially, it means that the inclusion and recognition of cultural identity in the schools created a positive measure of the success and existence of the students in schools (Ahmed, 2010). Apart from ancestral domain and self-governance, this feature is the node of all ICCs /IPs' learning systems. Including those IKSPs and ILSs in the school, the curriculum hopes to bring about an inclusive environment for the indigenous learners to value their own cultural heritage and indigenous learning practices that make up their embodiment in society. Ma Rhea (2004) found that education plays an important role in preserving and maintaining ICCs /IPs' local knowledge, and she reported the evidence showing the reliability of documentation of traditional knowledge in education curricula.

Rights to Self-Governance and Self-Determination on Instructional Planning
The third salient feature of rights-based instructional planning is self-governance or the right to self-determination. This feature entails the independent mechanism of ICCs /IPs to govern and manage their own spheres and take up their own space in society through their socio-political structures without discrimination. IPRA law states that "self-governance refers to the rights of ICCs /IPs to pursue their economic, social, and cultural development, promote and protect the integrity of their values, practices, and institutions." Among the three salient features, this serves as a bloodline that runs into the ancestral domains and cultural integrity. The ability to use and control ICCs /IPs' own organizational and community leadership manifests great importance in their rights to ancestral domain and cultural integrity. It was supported by Daes (1994), in which she discussed the interconnectedness of ancestral domain, cultural integrity, and self-determination. In the context of the IPs, she said that autonomous governance is viewed as a way to strengthen participatory democracy with the ability to manage the development of their peculiar cultures, including the utilization of land and resources. It entails having the capacity to uphold and advance established institutions or make use of independent domains of governmental or administrative authority suitable for their needs.
Daes, as cited in Nordin & Witbrodt (2016), voiced her statement that the right to freely negotiate one's political position and representation in the state is an essential component of self-determination for IPs. It is referred to as "belated state-building," whereby IPs can join forces with other state members on mutually agreeable circumstances. Similarly, it is necessary to acknowledge self-determination in all forms as a fundamental prerequisite for IPs to exercise their fundamental rights and control their own destiny (Cobo, 1987). For ICCs/IPs to decide what their collective life means and what direction it should go, the right to self-determination is necessary. However, as Kuokkanen (2011) argued, colonization and global capitalism have gravely debilitated the IPs' political structures.
The self-government models and structures of IPs in modern scenarios are mostly based on global capitalism, such as economic-based development that includes extensive land extraction, privatization, and commodification. The development projects are usually accompanied by environmental degradation, trade liberalization, resource exploitation, militarization, and violence that are destructive and detrimental to the traditional livelihood and maintenance of IPs' own political, social, and cultural systems. In this case, as national governments commit to new international economic treaties, the right to self-determination has been called into question and compromised. Such disengagement led to assimilation, dispossession, and subjugation patterns. In these regards, instructional planning, including self-governance and authentic indigenous leadership in the school-based curriculum, provides a good measure for the ICCs /IPs to perceive their self-empowerment. Their political leadership system can positively influence the curriculum development interwoven with their heritage and cultural appropriateness. Indeed, recognizing their community leadership and tribal membership in the curriculum can lead to inclusion and increase participation at the same time through established connections in classroom discussions and strong partnerships between the school and the whole ICC/IPs.

Rights to Social Justice on Instructional Planning
The last salient feature of rights-based instructional planning is social justice. Due to the implementation of IPEd instructional planning to recognize the IPs' distinct characteristics and identity, IJAE Page 177 educational programs must highlight the rights, protections and privileges enjoyed by IPs and the rest of the citizenry. The school must be a primary avenue where fundamental human rights and freedom are guaranteed to all members of the IPs as already accorded to every member of society. Educational programs provided by educational institutions must emphasize the rights, protections, and privileges enjoyed by IPs and the rest of the citizenry with the proper implementation of IPEd instructional planning as a recognition of the IPs' distinctive characteristics and identity. All IPs must have access to the same basic freedom and rights at school as members of society.
Although families significantly influence children's values, classroom activities reinforce clear, repeated, and subtly nuanced social messages about what is and is not valued. These messages have serious repercussions for children and a society that aspires to equality and justice for all. To establish a more equitable learning environment, teachers need to examine the value-laden signals embedded in everyday activities and develop classroom practices and pedagogies that address educational inequalities faced by vulnerable children. Since children build beliefs about fairness and their sense of identity within the greater world, it is also imperative that they combat injustice and create equity-based pedagogies (Hyland, 2010).
Relating social justice to the context of IPs, schools must put value on the principles of equity and non-discrimination. Despite their identities and differences, students must be treated fairly and entitled to exercise their rights. In her paper, Hyland (2010) distinguished two ways to highlight equity pedagogies in the classrooms: culturally relevant teaching and critical pedagogy. The main objective of culturally relevant teaching is educational liberation for groups. Both children's personal and cultural knowledge are crucial to the school curriculum. Critical pedagogy sought to investigate the critical knowledge of power among all oppressed groups, including investigating several injustices, in contrast to culturally relevant instruction. Additionally, this pedagogy seeks to equip students with the skills necessary to engage in social action while examining the classroom's institutional framework and how it interacts with the local community. Singh (2011) argued that students must feel accepted and valued, though their cultures are different from the norm because if they feel alienated at school, students might have a sense of cultural embarrassment and distrust of their teachers. The mismatched perspective could result in confrontation, miscommunication, hostility, alienation, poor self-esteem, and school failure. As he recommended, teachers must develop and modify the curriculum based on their cultural background to create a more positive and productive school experience for all children. Culturally relevant instruction encourages students to reflect on social justice issues covered in class, empowering them to think critically and break free from ignorance and fear. A sense of dedication to addressing issues like cultural survival, social justice, decolonization, historic trauma, and cultural dissonance as vital components of the educational process is boosted by culturally adapted curricula (McConnell, 2013).

METHODS
The study used exploratory research design to develop a rights-based instructional planning approach. Since the instructional planning approach for Higaonon learners is still nonexistent, the researchers explored their perspectives, rights, and lifeways through qualitative techniques. The study was conducted among IPEd-implementing schools in the following barangays of Municipality of Esperanza, Agusan Del Sur. Varied qualitative data collection techniques were employed, such as semistructured interviews, focus group discussions (FGDs), classroom observations, and short-term community immersion to collect the needed information. Examined were the responses of the selected school officials, IPEd teachers, Higaonon tribal leaders, parents, students, and external stakeholders. Content and thematic analyses were utilized to analyze the obtained data. The results of the interviews were analyzed using content and thematic analyses to determine the possible facilitating and hindering factors that may affect the instructional planning implementation. Force Field Analysis (FFA) was employed.

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For instance, the science teacher may apply the previously discussed instructional approach when teaching living and non-living things, as shown in Table 1. The content and performance standards are still tantamount to the DepEd curriculum for the said topic since those are non-negotiable.

Table 1. Teaching Living and Non-living Things Using Rights-based
Instructional Planning Approach Component Student Activity

Appreciation
Indigenous learners shall list down things that they can see in their environment outside the classroom. They may include things that manifest life and do not have the characteristics of being alive.

Presentation
Indigenous learners shall group the things they listed and explain the deliberation process they made for grouping. After that, the teacher will check if the grouping process is correctly executed and explain the rationale behind the activity related to "living and non-living things."

Discussion
Indigenous learners shall participate in the discussion actively as the teacher explains the important ideas and concepts about the "living and non-living things."

Application
Indigenous learners shall classify the things provided by the teachers following the concepts discussed. They shall also enumerate and explain the importance of "living and non-living things" in the world.

Connection
Indigenous learners can connect the enumerated importance to their right to the ancestral domain. They shall be able to understand simply the provisions stipulated in the IPRA law regarding communal property and natural resources.

Amplification
Indigenous shall be able to create an album of living and non-living things with short explanations focusing on the characteristics that make them living or nonliving things.

Reflection
Indigenous learners shall be able to design simple ways to protect the "living and non-living things" in the album for cultural preservation and ancestral domain protection.
The proposed instructional planning approach was guided by Martha Nussbaum's Theory of Social Justice and Human Rights. Based on her theory, capabilities are closely linked to rights (Nussbaum, 2003). The language of rights can be précised and supplemented by the language of capabilities. She argued that rights secure people in selecting religious beliefs, political participation, and exercising freedom of speech. Securing rights puts people in a position to function effectively to achieve social justice.

Enabling and Hindering Factors that Affect its Implementation
The researcher enumerated the factors that would facilitate and hinder the implementation of rights-based instructional planning using Force Field Analysis. In Force Field Analysis (FFA), issues are framed in restraining forces-pressures that sustain the status quo-and driving forces-pressures that drive change in the desired direction. Dubey (2017) described a good force field analysis, which helps the change agents decide when and how to take an action and see when not to take any action. The FFA has outlined the enablers and constraints that affect the implementation of the rights-based IPEd curriculum. Some highlights of community immersion and participant observation were placed in the discussion to explain the findings further.

Community-Related Enabling Factors
The community-related factors that positively affect the education of the Higaonons are the active support of tribal chieftains and elders, task specialization of tribal leaders, the presence of native Higaonon teachers, and students' willingness to learn. Jacob et al. (2018) stated that tribal elders from the tribe are a valuable source for promoting more responsible and respectful public education systems. Their knowledge and long-standing relationship with places within the lands upon which schools are IJAE Page 183 built must be carefully considered to transform public education. The results are also consistent with the findings of Diamente (2016), in which he found that the community is very supportive of the school's needs regarding IPEd program implementation.

School-Related Enabling Factors
The school-related enabling factors include teachers' motivation and goal orientation through immersion, teachers' community engagement, and school-community partnership. As reflected from the interviews, teachers play significant roles in teaching Higaonon students and building a strong partnership between the school and the community; with the help of the tribal leaders and elders, implementing the IPEd curriculum in schools would be greatly reinforced. Diamente (2016) cited the conduct of Pamantukaw as a way of advocating the IPEd program and home visitation to connect with the community. He explained that Pamantukaw refers to the process of teaching the learners the cultural practices of the Higaonon communities. It is usually performed by tribal elders with the assistance of the teachers. To strengthen the established relationship between the school and community, teachers and school heads conduct home visitations for friendly talk and general exchange of ideas about life.

Administration-Related Factors
To effectively implement the IPEd program in schools, a Consultative Advisory Body (CAB) and a teaching support program from LGU must be created. The importance of CAB is greatly manifested in the curriculum since representatives from the communities would strongly voice out the educational needs of the IPs. According to Pelino & Maderazo (2012), marginalized groups become more marginalized in the curriculum development process since the needs and concerns of these cultural minorities have been disregarded in curriculum development to protect the interests of the state intentionally.

Stakeholders-Related Enabling Factor
It was identified that teaching volunteers from non-government organizations is also a factor that significantly contributes to implementing the IPEd program. It can be deduced from the interview results that these stakeholders have brought positive change to Higaonon communities through their programs, such as providing educational support to deserving Higaonon students. Adebayo (2013), as cited in Yaro et al. (2017), mentioned that educational stakeholders are all direct and indirect participants communicating their vested interest in the educational outcomes. They could also affect how efficiently processes for enhancing quality and good decision-making work to raise the quality of the educational system.

Environment-Related Enabling Factor
The richness of natural resources in ancestral domains has been considered as one of the enabling factors. As drawn from the results, this identified factor was included in implementing the IPEd curriculum since ancestral domains could be used to improve the education of the IPs. Diamante (2016) argued that learning was everywhere and every moment in the ancestral domain, the learning space in the IP system of education. For IPs, that land is life and sacred is fundamental to their worldview as the source of their IKSPs must be nurtured and protected. Similarly, Battiste & Henderson (2009) also stated that learning from place explains how IPs record their knowledge by traveling, recalling narratives that delight and instruct them, remembering events as markers of history, and offering continuity in learning and identity. The rules are essential to the interaction with all life, to the physical and spiritual survival, as land is a fabric made from the threads of tales and ceremonies contributed by several community members.

Community-Related Constraining Factors
The community-related constraining factors identified are the lack of recorded history and cultures, unapproved certificates of ancestral domain titles, child labor and early marriage, loss of selfesteem and lack of futuristic vision, lack of livelihood opportunities, and the lack of identification documents. In connection, Singh & Reyner (2011) argued that the NCIP's low-performance record in terms of processing CADC applications and issuing Certificate of Ancestral Domain Title (CADT) in