The National Commission on Indigenous People (NCIP) on Sunday said the world-renowned traditional tattoo artist Apo Whang-Od was not aware that she would be teaching in a Nas academy masterclass.
In a press release late Sunday, NCIP said the finding came after a personal interview by the agency’s Cordillera regional office with Whang-od, her family, and leaders of the Butbut tribe in Kalinga along with a review of the contract with Nas Academy owned by vlogger Nuseir Yassin.
"She did not affix her thumb mark in any contract for this account," the NCIP stated.
The agency added that the contract terms of Nas Academy were “grossly onerous” for Whang-od.
“The contract states that the Nas Academy has exclusive ownership of any content that the show would produce… including the right [to] alteration and the right to assign and transfer the same without consent. Furthermore, the law of Singapore shall govern said contract,” NCIP said.
Stella Palangdao, Whang-Od’s niece and one of those interviewed by NCIP-Cordillera Administrative Region officers, said the provisions of the contract were not explained to them, but they were made to sign the agreement regarding filming, interviews, photography, and other related concerns.
"The contract states that the Nas Academy has exclusive ownership of any content that the show would produce including the likeness, image, voice, etc. of Apo Whang-Od and such ownership is in perpetuity, inclusive of the right (to) alteration and the right to assign and transfer the same without consent," the agency said.
On August 5, Yassin took down the course after Whang-od’s grandniece Gracia Palicas called Nas Academy a scam and called out Yassin for "taking advantage" of their culture.
In June, Yassin announced a list of professionals from the Philippines who would be included in his Nas Academy to share their knowledge, this includes Miss Universe 2018 Catriona Gray, award-winning journalist Jessica Soho, Dubai-based fashion designer Michael Cinco, Apo Whang-Od, and many others.
Following these findings, NCIP reminds the public that those who wish to conduct research or activities with indigenous communities should seek their consent along with notification to the agency and local government units.
NCIP also said that it will provide legal assistance for Whang-od and the Butbut tribe if needed.
“The art of tattooing is a cultural expression and it is practiced by the indigenous people of the Kalinga. Teaching of said cultural manifestation or expression in an open platform accessible to millions of people would render it generic and thus it would lose its authenticity and cultural meaning,” NCIP said.
Nas Academy responds
In a statement, the online learning platform Nas Academy belied the findings of the NCIP.
"It is not true that Apo Whang-Od's consent was not obtained and that she did not affix her signature," Nas Academy said in a statement on Monday.
"It is also not true that the contract was not discussed with her," it added.
Nas Academy said it tapped a local production company to coordinate with Whang-Od for the planned masterclass, where she would teach the Kalinga art of tattooing.
“We spent 2 full days filming with Whang-Od and (her niece) Estela (Palangdao). There were more than 7 people involved in this process, and Estela set-up a bank account to receive the funds from the project. It is very very hard for Whang-Od Academy to exist without the consent of Whang-Od and her family,” the platform stated.
