Rights to Ancestral Domains and Ancestral Lands

Rights to Self-Governance Social Justice and Human Rights

Rights to Cultural Integrity

A. Rights and Responsibilities of Ownership

Civil Code RIGHTS The exercise, to the exclusion of all others, of the following rights: The right to use (abuse) The right to enjoy its fruits The right to dispose IPRA Private but Community Property belongs to all generations (the ICCs/IPs, in particular) cannot be sold, disposed or destroyed

RESPONSIBILITIES

Use (enjoy or dispose) in a Maintain ecological balance, manner not injurious to restore denuded areas, others. observe and comply with IPRA

B. Right to Develop Lands and Natural Resources

Other Laws REQUIREMENTS: a. Environmental Compliance Certificate (ECC) IPRA EITHER of the following: a. Free and Informed consent of ICCs/IPs b. No Ancestral Domain a. ICC/IPs whose AD is affected

DAMAGES:

a. Individual/s affected b. LGU/s affected

 No ICCs/IPs will be relocated without their free and

prior informed consent, nor through any means other than EMINENT DOMAIN.
In Case of Displacement, the following rights are

Guaranteed:
a. To return to AD as soon as reason for leaving ceases to exist; OR b. If the AD is destroyed, they enjoy security of tenure over lands to which they have been resettled.

 The lands must be of quality and legal status at least equal

to that of the land previously occupied by them, suitable to provide for their present needs and future development.

 Migrant Settlers AND Organizations Unauthorized

and/or

unlawful

intrusion

is

punishable:
a.

in accordance with the customary laws of the ICCs/IPs concerned

b.

imprisonment of nine (9) months to twelve (12) years or a fine of One hundred thousand pesos (P100,000) to Five hundred thousand pesos (P500,000) or both

Co-Ownership To a Member: a.

IPRA

Subject to the a. subject to customary general law/s laws and traditions of on sale of lands the ICC

To a Non-Member: (Right of Redemption)

a.

Period is w/in 30 days from notice

a. Period is within 15 years from date of transfer b. Only applicable when the transfer is tainted with vitiated consent OR in case of unconscionable consideration or price

b. Does not require vitiated consent

LGC Conflict Resolution a. Katarungang Pambarangay

IPRA a. customary laws

In barangays where When disputes involve majority of the ICCs/IPs, customary laws and inhabitants are members practices shall be used to of indigenous cultural resolve the dispute. communities, local systems of settling disputes through their councils of datus or elders shall be recognized without prejudice to the applicable provisions [the LGC]

LGC

IPRA

Tribal Barangays

Section 386. Requisites for Creation. To enhance the delivery of basic services in the ICCs, barangays may be created in such communities by an Act of Congress, notwithstanding the above requirements.

The ICCs/IPs living in contiguous areas or communities where they form the predominant population but which are located in municipalities, provinces or cities where they do not constitute the majority of the population, may form or constitute a separate barangay

 Equal

protection and non-discrimination. The fundamental human rights and freedoms enshrined in the constitution and relevant international instruments are guaranteed to ICCs/IPs.

Rights during Armed Conflict: The State shall not recruit members of the ICCs/IPs against their will into armed forces, and in particular, for the use against other ICCs/IPs. The State shall not not recruit children of ICCs/IPs into the armed forces under any circumstance.

I. Unlawful Acts Pertaining to Employment

a. To discriminate against any ICC/IP with respect to the terms and conditions of employment on account of their descent. Equal remuneration shall be paid to ICC/IP and non-ICC/IP for work of equal value; and b. To deny any ICC/IP employee any right or benefit herein provided for or to discharge them for the purpose of preventing them from enjoying any of the rights or benefits provided under this Act.

The Labor Code provides that the government shall ensure equal work opportunities, regardless of sex, race, age or creed.

Difference: Legal Remedies Available

Other important provisions: RIGHTS of Women: No provision in the IPRA shall be interpreted so as to result in the diminution of rights and privileges already recognized and accorded to women under existing laws of general application. equal rights and opportunities with men, as regards the social, economic, political and cultural spheres of life. participation in decision-making process in all levels, as well as in the development of society

Intellectual Property Rights

SEC. 32. Community Intellectual Rights. ICCs/IPs

have the right to practice and revitalize their own cultural traditions and customs. Protection and Development of past, present and future manifestations of their cultural, intellectual, religious, and spiritual property

Intellectual Property Rights

SEC. 34. Right to Indigenous Knowledge Systems and

Practices and Technologies.

to

Develop

own

Sciences

and

FULL OWNERSHIP AND CONTROL and PROTECTION of their cultural and intellectual rights.

Intellectual Property Rights

I.

Intellectual Patentability:

Property

Code;

Exceptions

to

The IP Code shall not preclude Congress to consider the enactment of a law providing: sui generis protection of plant varieties and animal breeds b. system of community intellectual rights protection.
a.

Intellectual Property Rights

II. Traditional and Alternative Medicine Act (RA 8423):

Gives ICCs/IPs the right to a share from the commercialization of traditional medicine knowledge.

Other Cultural Rights:

III. ANIMAL WELFARE ACT (RA 8485)

a.

exception to prohibition on the killing of animals when made part of a ritual required by tribal or ethnic custom of indigenous cultural communities
FPIC of ICCs/IPs are required before bio-prospecting is allowed within their AD

b.

Other Cultural Rights:

IV. Philippine Technology Transfer Act (RA 10055)

An Intellectual Property Rights Application shall include a disclosure of the biodiversity, genetic resources or materials, associated traditional knowledge, and indigenous knowledge, systems and practices utilized in or which formed as basis in the development of the subject matter contained in the application.

Other Cultural Rights:

PROHIBITED ACTS:
a) Explore, excavate or make diggings on archeological sites of the ICCs/IPs for the purpose of obtaining materials of cultural values without the free and prior informed consent of the community concerned; and

b) Deface, remove or otherwise destroy artifacts which are of great importance to the ICCs/IPs for the preservation of their cultural heritage.