BAGUIO CITY – Authentic Caps Distribution Inc. the authorized exclusive distributor of the products of New Era Cap Co. Inc., commits to abide by the regulations and policies in obtaining the Free Prior and Informed Consent (FPIC) for the use of the Indigenous Knowledge Systems and Practices (IKSP) particularly on the indigenous and traditional tattoo designs by the Indigenous Peoples (IPs) of Kalinga.
It can be recalled that said IKSP on traditional tattoos were incorporated by New Era in their products and were later sold at the market. Likewise, New Era had entered into a Memorandum of Agreement (MOA) with Whang-Od. This drew flak from the different IP sub-groups of Kalinga and other neighboring provinces arguing that IKSP on traditional tattoos is community owned and prior consent should have been secured from the rightful owners – the IP Communities of Kalinga and not Whang-Od alone.
New Era through its Chief Operating Officer (CEO), Maritess See-Lazaro along with its Sales and Branch Operations Manager Hector Erive, sought the guidance of the National Commission on Indigenous Peoples – Cordillera Administrative Region (NCIP-CAR) relgarding the matter. NCIP – CAR oriented New Era with the prevailing policies and principles covering IKSPs.
They were informed that IKSPs generally are owned by the IPs as their collective property and are an inherent part of their cultural patrimony. Therefore, the author, composer, inventor, writer, choreographer, arranger, lyricist, owner, first user, or preacher is not one individual but all the members of the community who belong to the past, present and future generations.
When asked whether or not those tattoo designs, which they used, were traditional IKSPs or original designs conceptualized and crafted by Whang-Od, they admittedly disclosed, that some were traditional IKSPs and that they are not certain with the rest of the designs. After the said disclosure, NCIP – CAR then advised them to obtain the FPIC of the IPs of Kalinga..
The FPIC process will also serve as an avenue for the IPs to verify and limit tattoo designs to be used by New Era. The same will also give the IPs, if they so chose to consent to the project of New Era, the apportunity to negotiate for benefits and royalties for their community due to the use of the IKSP.
The project incorporating traditional tattoo designs, according to New Era, is anchored on the intention that New Era are paying tribute to the oldest, world renowned, legendary mambabatok member of the Butbut tribe, Maria Oggay, popularly known as Apo Whang-Od.
New Era will be submitting their application documents for the FPIC process to commence.** Rocky Ngalob
