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THE INDIGENOUS

PEOPLES RIGHTS
ACT OF 1997
Rep Act No. 8371

OUTLINE
BRIEF BACKGROUND
CONSTITUTIONAL BASIS
RA 8371 or the IPRA of 1997

- Important Concepts
- Rights to Ancestral Domains
(ADs) and Ancestral Lands
(Als)

OUTLINE
Delineation and Recognition of Ancestral

Domains
The National Commission on Indigenous
Peopls(NCIP)
Punishable Acts and Penalties in relation to
ADs/ALs

BRIEF BACKGROUND

Who are indigenous


peoples?
Those groups specially protected in specified

international or national legislation as having


a set of specific rights based on their historical
ties to a particular territory, and their cultural
or historical distinctiveness from other
populations
(Wikipedia,http://en.wikipedia.org/wiki/Indigen
ous_people#cite_note-Coates-1,last accessed
Sept.23, 2014)

Who are indigenous


peoples?
This legislation is based on the conclusion that

certain indigenous people are vulnerable to


exploitation, marginalization and oppression
by nation states formed from colonizing
populations or by politically dominant,
different ethnic groups.

Who are indigenous


peoples?
A social set of political rights in accordance

with international law have been set forth by


international organizations such as the United
Nations, the International Labor Organization
and
the
World
Bank.
(Wikipedia,
http://en.wikipedia.org/wiki/Indigenous_peopl
es#cite_note-3
Sanders.2C_Douglas_1999._pp._4_-_13-2,
last accessed Sept. 23, 2014)

Who are indigenous


peoples?
The United Nations has issued a Declaration

on the Rights of indigenous Peoples to guide


member-state national policies to collective
rights of indigenous people-such as culture,
identity,
language,
and
access
to
employment, health, education, and natural
resources.

Who are indigenous


peoples?
Although

no
definitive
definition
of
indigenous peoples exists, estimates put the
total population of indigenous peoples from
220
million
to
350
million.
(Wikipedia,http://en.wikipedia.org/wiki/Indigen
ous_peoples#cite_note-3,
last
accessed
Sept.23, 2014)

Indigenous peoples of the


Philippines
The Philippines consist of a large number of

indigenous ethnic groups living in the country.


They are the descendants of the original
inhabitants of the Philippines. They were not
absorbed by centuries of Spanish and United
States
colonization
of
the
Philippines
archipelago, and in the process have retained
their customs and traditions.

Fast Facts: Indigenous Peoples in


the Philippines
The Philippines is a culturally diverse country

with an estimated 14-17 million Indigenous


Peoples (IPs) belonging to 110 ethno-linguistic
groups.
They are mainly concentrated in
Northern Luzon (Cordillera Administrative
Region, 33%) and Mindanao (61%), with some
groups in the Visayas area.

Fast Facts: Indigenous Peoples in


the Philippines
The Philippine Constitution, in recognition of

this diversity and under the framework of


national unity and development, mandates
state recognition, protection, promotion, and
fulfillment of the rights of Indigenous Peoples.
Further, Republic Act No. 8371,

Fast Facts: Indigenous Peoples in


the Philippines
Also known as the Indigenous Peoples Rights

Act (1997, IPRA), recognized the right of IPs


to manage their ancestral domains; it has
become the cornerstone of current national
policy on Ips.
(
http://www.ph.undp.org/content/philippines/en/h
ome/library/democratic.governance/FastFacts-IPs
/,
last accessed Sept.23, 2014)

Constitutional policies on
Indigenous Peoples
The State recognizes and promotes the rights of
indigenous cultural communities within the
framework
of
national
unity
and
developments.(22, Art. II)

Constitutional policies on
Indigenous Peoples
The State, subject to the provisions of this
Constitution
and
national
development
policies and programs, shall protect the rights
of indigenous cultural communities to their
ancestral lands to ensure their economic,
social, and cultural well-being.
The Congress may provide for the applicability
of customary laws governing property rights or
relations in determining the ownership and
extent of ancestral domain. (5, Art. XII)

Constitutional policies on
Indigenous Peoples
The State shall apply the principles of agrarian
report or stewardship, whenever applicable in
accordance with law, in the disposition and
utilization of other natural resources, including
lands of the public domain under lease or
concession suitable to agriculture, subject to
prior rights, homestead rights of small settlers,
and the right of indigenous communities to
their ancestral lands. (6[1], Art. XIII)

Constitutional policies on
Indigenous Peoples
The State shall recognize, respect, and protect
the rights of indigenous cultural communities
to preserve and develop their cultures,
traditions, and institutions. It shall consider
these rights in the formulation of national
plans and policies. (17, Art. XIV)

Legal Bases of IPRA of


1997
Constitution
ILO Convention No. 169
Draft of the UN Declaration on the Rights of

Indigenous Peoples (UNDRIP)


Native title

The Indigenous Peoples Rights Act


of 1997
AN

ACT TO RECOGNIZE, PROTECT AND


PROMOTE THE RIGHTS OF INDIGENOUS
CULTURAL
COMMUNITIES/INDIGENOUS
PEOPLES, CREATING A NATIONAL COMMISSION
ON INDIGENOUS PEOPLES, ESTABLISHING
IMPLEMENTING MECHANISMS, APPROPRIATING
FUNDS THEREFORE, AND FOR OTHER
PURPOSES

ANCESTRAL DOMAIN

ANCESTRAL DOMAIN VIS--VIS


EXISTING PROPERTY RIGHTS
REGIME
56 . Existing Property Rights Regime.

Property rights within the ancestral domains


already existing and/or vested upon effectivity
of this Act shall be recognized and respected.

ANCESTRAL DOMAIN
Subject to Section 56 hereof, refer to all areas

generally belonging to ICCs/IPs comprising


lands, inland waters, coastal areas, and
natural resources therein, held under a claim
of ownership, occupied or possessed by
ICCs/IPs, by themselves or through their
ancestors, communally or individually since
time

ANCESTRAL DOMAIN
Immemorial,

continuously to the present


except when interrupted by war, force
majeure or displacement by force, deceit,
stealth or as a consequence of government
projects or any other voluntary dealings
entered into by government and private
individuals/corporations, and which are

ANCESTRAL DOMAIN
Necessary to ensure their economic, social

and cultural welfare. It shall include ancestral


lands,
forests,
pasture,
residential,
agricultural, and other lands individually
owned whether alienable and disposable or
otherwise, hunting grounds, burial grounds,
worship areas, bodies of water, mineral and
other.

ANCESTRAL DOMAIN
Natural

resources, and lands which may no


longer be exclusively occupied by ICCs/IPs but
from which they traditionally had access to for
their subsistence and traditional activities,
particularly the home ranges of ICCs/IPs who
are still nomadic and/or shifting cultivators.

ANCESTRAL DOMAIN

ANCESTRAL DOMAIN
These lands are exempt from real property

taxes, special levies, and other forms of


exaction except such portion of the ancestral
domains as are actually used for large-scale
agriculture, commercial forest plantation and
residential purposes or upon titling by private
persons

ANCESTRAL LAND

ANCESTRAL LAND
Subject to Section 56 hereof, refers to land

occupied,
possessed
and
utilized
by
individuals, families and clans who are
members of the ICCs/IPs since time
immemorial, by themselves or through their
predecessors-in-interest, under claims of
individual or traditional group ownership,
continuously, to the present

ANCESTRAL LAND
Except

when interrupted by war, force


majeure or displacement by force, deceit,
stealth, or as a consequence of government
projects and other voluntary dealings entered
into
by
government
and
private
individuals/corporations including, but not
limited to, residential lots, rice terraces or
paddies, private forests, swidden farms and
tree lots.

ANCESTRAL
LANDS/DOMAINS
Include such concepts of territories which

cover not only the physical environment but


the total environment including the spiritual
and cultural bonds to the areas which the
ICCs/Ips

ANCESTRAL LAND
Except when interrupted by war,
force majeure or displacement by
force, deceit, stealth, or as a
consequence of government projects
and other voluntary dealings entered
into by government and private
individuals/corporations including,
but not limited to, residential lots,
rice terraces or paddies, private
forest, swidden farms and tree lots.

ANCESTRAL
LANDS/DOMAINS

Include such concepts of territories


which cover not only the physical
environment but the total environment
including the spiritual and cultural
bonds to the areas which the ICCs /Ips
possess, occupy and use and to which
they have claims of ownership (Sec.4)

DO YOU KNOW WHAT


CADT MEANS?
Certificate of Ancestral
Domain Title

Certificate of Ancestral
Lands Title (CALT)
A title formally recognizing
the rights of ICCs/Ips over
their ancestral lands

CALC & CADC vs. CALT &


CADT
What does CADC
stand for?

Certificate of Ancestral
Domain Claims

Communal Claims
Claims on land, resources
and rights thereon;
belonging to the whole
community within a defined
territory

Customary Laws
Refer to a body of written
and/or unwritten rules,
usages, customs and
practices traditionally and
continually recognized,
accepted and observed by
respective ICCs/IPs

Free and Prior Informed


Consent

Indigenous Cultural
Communities/Indigenous
Peoples (ICCs/IPs)

Indigenous Political
Structures

Organizational and cultural


leadership systems, institutions,
relationships, patterns and
processes for decision-making and
participation, identified by ICCs/Ips
such as, but not limited to, Council
of Elders, Council of Timuays,
Bodong Holders, or any other
tribunal or body of similar nature

Individual Claims
Claims on land and rights
thereon which have been
developed to individuals,
families, and clans including,
but not limited to, residential
lots, rice terraces or paddies
and tree lots

Native Title
Preconquest rights to lands and
domains which, as far back as
memory reaches, have been
held under a claim of private
ownership by ICCs/Ips, have
never been public lands and are
thus indisputably presumed to
have been held that way since
before the Spanish Conquest

Sustainable Traditional
Resource Rights
Rights of ICCs/Ips to sustainably
use, manage, protect and conserve
a) land, air, water, and minerals; b)
plants, animals and other
organisms; c) collecting, fishing
and hunting grounds; d) sacred
sites; and e) other areas of
economic, ceremonial and
aesthetic value in accordance with
their indigenous knowledge,

Indigenous Concept of
Rights Ownership (Sec.5)
Indigenous concept of ownership sustains
the view that ancestral domains and all
resources found therein shall serve as the
material bases of their cultural integrity.
The indigenous concept of ownership
generally holds that ancestral domains are
are the ICCs/Ips private but community
property which belongs to all generations
and therefore cannot be sold, disposed or
destroyed. It likewise covers sustainable
traditional resource rights.

What are the rights to


ancestral domains (sec.7)
Right to ownership
Right to develop Lands and Natural
Resources
Rights to stay in territories
Rights in Case of Displacement
Right to regulate Entry of Migrants
Right to Safe and Clean Air and Water
Right to Claim parts of Reservation
Right to resolve conflict

What are the rights to


ancestral lands? (sec.8)

Right to Transfer Land/Property


Indigenous modes of acquisition
Marriage b/w Ips vs.b/w Ips and non-IPs
Right to Redemption
1. Vitiated consent and unconscionable
price-null and void but redeem within
15 years from date of transfer
2. If fraud-redeem within 15 years from
discovery of fraud

What are the responsibilities of


the ICCs/Ips to their ancestral
domains? (sec.9)
Maintain ecological balance
Restore denuded areas
Observe laws

Recognition of Ancestral
Domain Rights by Virtue of
Native Title
Recognized
Respected
Formal recognition-embodied in a
CADT

Option to secure Certificate of


Title under Commonwealth Act
141, as amended, or the Land
Registration Act 496 (Sec.12)
Individual members of cultural
communities, with respect to their
individually owned ancestral lands who,
by themselves or through their
predecessors-in-interest, have been in
continuous possession and occupation
of the same in the concept of owner
since time immemorial or for a period.

Option to secure Certificate of


Title under Commonwealth Act
141, as amended, or the Land
Registration Act 496 (Sec.12)
Of not less than thirty (30) years
immediately preceding the approval of
this Act and uncontested by the
members of the same ICCs/Ips shall
have the option to secure title to their
ancestral lands under the provisions of
commonwealth Act 141, as amended,
or the Land Registration Act 496.

Option to secure Certificate of Title under


Commonwealth Act 141, as amended, or
the Land Registration Act 496 (Sec.12)

For this purpose, said individually


owned ancestral lands, which are
agricultural in character and actually
used for agricultural, residential,
pasture, and tree farming purposes,
including those with a slope of
eighteen percent 18% or more, are
hereby classified as alienable and

Option to secure Certificate of Title under


Commonwealth Act 141, as amended, or
the Land Registration Act 496 (Sec.12)

The option granted under this section


shall be exercised within twenty (20)
years from the approval of this act.

NCIPs Purpose (Sec.38)


To carry out the policies under
the IPRA
Responsible for the formulation
and implementation of policies,
plans, programs-to promote
and protect the rights and wellbeing of ICC/Ips and the
recognition of their ancestral
domains as well as their rights
thereto

NCIPs Mandate (Sec.39)


The NCIP shall protect and
promote the interest and wellbeing of the ICCs/Ips with
traditions and institutions

NCIPs Composition

NCIPs Powers and


Functions
Issues certificate of
ancestral land/domain title
(Sec.44)
To decide all appeals from
the decisions and acts of all
the various offices within
the Commission (Sec.44)
Quasi-judicial powers
(Sec.69)

PENALTIES
Imprisonment of not less than
nine (9)months but not more
than twelve (12) years or a fine
of not less than one hundred
thousand pesos (100,000) nor
more than five hundred thousand
pesos (500,000) or both
Pay to the ICCs/Ips concerned
whatever damage may have
been suffered by the latter as a
consequence of the unlawful act.

SEC.78 Special Provision

The City of Baguio shall remain to


be governed by its charter and all
lands proclaimed as part of its
townsite reservation shall remain
as such until otherwise reclassified
by appropriate legislation.

SEC.78 Special Provision


Provided, That prior land rights and
titles recognized and/or acquired
through any judicial, administrative or
other processes before the effectivity
of this Act shall remain valid:
Provided, further, that this provision
shall not apply to any territory which
becomes part of the City of Baguio
after the effectivity of this Act.

Ancestral Domains Office


(S46a)

Responsible for the identification,


delineation and recognition of ancestral
lands/domains.
Responsible for the management of
ancestral lands/domains in accordance with
a master plan
Implementation of the ancestral domain
rights of the ICCs/Ips
Power to issue, upon the free and prior
informed consent of the ICCs/Ips concerned,
certification prior to the grant of

Ancestral Domains Office


(S46a)
Any license, lease or permit for
the exploitation of natural
resources affecting the interests of
ICCs/IPs or their ancestral domains
and to assist the ICCs/Ips in
protecting the territorial integrity
of all ancestral domains.
Other functions as the
Commission may deem
appropriate and necessary

Delineation and
Recognition of Ancestral
Domains (Sec.51)

Self-delineation-guiding principle in
the identification and delineation of
ancestral domains.
ICCs/Ips-have a decisive role
Sworn Statement of the Elders as to
the scope of the territories and
agreements/pacts made with

Delineation and
Recognition of Ancestral
Domains (Sec.51)

Neighboring ICCs/IPs-essential to
the determination of traditional
territories.
Government-shall take the
necessary steps to identify lands
which the ICCs/IPs concerned
traditionally occupy and guarantee
effective protection of their rights
of ownership and possession.
Measures shall taken in

Delineation and
Recognition of Ancestral
Domains (Sec.51)
Appropriate cases to safeguard the
right of the ICCs/IPs concerned to
land which may no longer be
exclusively occupied by them, but to
which they have traditionally had
access for their subsistence and
traditional activities, particularly of
ICCs/IPs who are still nomadic
and/or shifting cultivators

Delineation and Identification Process


for Ancestral Domains (Sec.52)
Ancestral Domains
Delineated prior to IPRA-if
officially delineated before
IPRA, IPs may apply for CADT
under the existing rules

Delineation and Identification


Process for Ancestral Domains
(Sec.52)
1. Petition for Delineation
Moto propio by NCIP with
consent of IP
IPs with the required majority
number
2. Delineation Proper and Census
of all Community Members

Delineation and Identification Process


for Ancestral Domains (Sec.52)

3. Submission of Proof
Testimony of elderly and community
involved
Documents directly or indirectly
attesting to possession and
occupation since time immemorial
4. Notice of Ocular Inspection
5. Ocular Inspection

Delineation and Identification Process


for Ancestral Domains (Sec.52)

6. Evaluation and Appreciation of


Proof
7. Survey and Preparation of
Survey Plans
8. Boundary Conflicts
9. Preparation of Report of
Investigation and other documents

Delineation and Identification Process


for Ancestral Domains (Sec.52)

10. Notice and Publication of


Ancestral Domain Claim
11. Endorsement to NCIP
If sufficient proof-Ancestral
Domains Office shall
favorably endorse to NCIP
If no sufficient proof-the
Ancestral Domains Office
shall require the submission

Delineation and Identification Process


for Ancestral Domains (Sec.52)

12. Endorsement to NCIP


Patently false or fraudulent claim
after inspection and verificationAncestral Domains Office shall
reject; give the applicant due notice,
copy furnished all concerned,
containing the grounds for denial.
The denial shall be appealable to
the NCIP.

Delineation and Identification Process


for Ancestral Domains (Sec.52)
In cases of conflicting claims
among ICCs/IPs on the
boundaries of ancestral domain
claims-the Ancestral Domains
Office shall cause the contending
parties to meet and assist them
in coming up with a preliminary
resolution of the conflict, without
prejudice to its full adjudication.

Delineation and Identification Process


for Ancestral Domains (Sec.52)

13. Review by the Ancestral


Domains Office
14.Preparation and
Issuance of CADT
15. Submission of maps

Delineation and Identification Process


for Ancestral Domains (Sec.52)
16. Turnover of Areas within Ancestral
Domains managed by other Government
Agencies
NCIP chair certifies that area is ancestral
domain
NCIP nootifies the DAR, DENR, DILG, DOJ,
Commissioner of National Development
Corporation, other government agencies
claiming jurisdiction over the areas
declared as ancestral domain

Identification, Delineation and


Certification of Ancestral Lands (Sec.53)
IF WITHIN AN ANCESTRAL
DOMAIN-The allocation of lands
within any ancestral domain to
individual or indigenous
corporate (family or clan)
claimants shall be left to the
ICCs/IPs concerned to decide in
accordance with customs and
traditions

Identification, Delineation and


Certification of Ancestral Lands (Sec.53)
IF NOT WITHIN ANCESTRAL DOMAINIndividual and indigenous corporate
claimants must:
1. FILE APPLICATION- for the
identification and delineation of their
claims with the Ancestral Domains
Office. An individual or recognized
head of a family or clan may file such
application in his behalf or in behalf
of his family or clan, respectively

Identification, Delineation and


Certification of Ancestral Lands (Sec.53)
2. Application must be accompanied with
proofs of claims like:
Testimony under oath of elders of the
community
Other documents directly or indirectly
attesting to the possession or occupation of
the areas since time immemorial by the
individual or corporate claimants in the
concept of owners (including tax
declarations and proofs of payment of taxes)

Identification, Delineation and


Certification of Ancestral Lands (Sec.53)
3. The Ancestral Domains Office
may require from each other
ancestral claimant the submission
of such other documents, Sworn
Statements and the like, which
may shed light on the veracity of
the contents of the
application/claim

Identification, Delineation and


Certification of Ancestral Lands (Sec.53)
4. The Ancestral Domains
Office shall cause the
PUBLICATION of the
application and a copy of
each document submitted
including a translation in the
native language of the
ICCs/IPs and POSTING

Identification, Delineation and


Certification of Ancestral Lands (Sec.53)
5. INVESTIGATION AND INSPECTION of
the Ancestral Domains Office
If meritorious- parcellary survey of the
area being claimed
Patently false of fraudulent-reject in
case of rejection, the Ancestral Domains
Office shall give the applicant due
notice, copy furnished all concerned,
containing the grounds for denial. The
denial shall be appealable to the NCIP.

Identification, Delineation and


Certification of Ancestral Lands (Sec.53)
In case of conflicting claims among
individuals or indigenous corporate
claimants-the Ancestral domains
office shall cause the contending
parties to meet and assist them in
coming up with a preliminary
resolution of the conflict, without
prejudice to its full adjudication.

Identification, Delineation and


Certification of Ancestral Lands (Sec.53)
In all proceedings for the
identification or delineation
of the ancestral domains-the
Director of lands shall
represent the interest of the
Republic of the Philippines

Identification, Delineation and


Certification of Ancestral Lands
(Sec.53)

6. Report of Ancestral
Domains Office submitted to
the NCIP
7. NCIP issues a CALT

Fraudulent Claims (Sec.54)


By the ancestral domains
office
Upon written request from
the ICCs/IPs
May be cancelled by the
NCIP after due notice and
hearing of all parties
concerned

Communal Rights (Sec.55)

Natural Resources within


Ancestral Domains
(Sec.56)

ICCs/IPs-have priority rights in the


harvesting, extraction, development or
exploitation of any natural resources
A non-member of the ICCs/IPs concernedallowed to participate in the EDU of the
natural resources for a period of not
exceeding twenty-five (25) years renewable
for not more than twenty five years (25)
subject to a formal and written agreement
with ICCs/IPs concerned or that the
community

Natural Resources within


Ancestral Domains
(Sec.56)
Pursuant to its own decision
making process, has agreed to
allow such operation: Subject
to NCIPs visitorial powers and
power to take appropriate
action to safeguard the rights
of the ICCs/IPs under the same
contract.

Environment
Considerations (Sec.58)
Stewardship principle
Ancestral domains or portions
thereof necessary for critical
watersheds, mangroves, wildlife
sanctuaries, wilderness, protected
areas, forest cover, or
reforestation shall be maintained,
managed and developed for such
purposes by the ICCs/IPs

Environment
Considerations (Sec.58)
The ICCs/IPs-responsibility to
maintain, develop, protect and
conserve watersheds,
mangroves, etc.
If the ICCs/IPs decide to transfer
the responsibility over the
watersheds, mangroves, etc.,
said decision must be made in
writing.

Environment
Considerations (Sec.58)
Transfer of responsibility-arrived at
in accordance with its customary
laws, free and prior informed
Transfer of responsibilitytemporary and protection of
watersheds, mangroves, etc. will
ultimately revert to the ICCs/IPs in
accordance with a program for
technology transfer.

Environment Precondition
(Sec.58)
All departments and other
governmental agencies-strictly
enjoined from:
1. Issuing, renewing, or granting any
concession, license or lease, or
2. Entering into any productionsharing agreement
.Over ancestral domains or areas
within ancestral domains

Environment Precondition
(Sec.58)
The NCIP must issue a certification
that the area affeted does not overlap
with any ancestral domain.
Certification shall be issued after a
field based investigation by the
Ancestral Domains Office of the area
concerned
No certification shall be issued without
the free and prior informed and
written consent of ICCs/IPs concerned

Environment Precondition
(Sec.58)
No department, government agency or
government-owned or-controlled
corporation may issue new concession,
license, lease, or production sharing
agreement while there is a pending
application for a CADT
The ICCs/IPs shall have the right to
stop or suspend, any object that has
not satisfied the requirement of this
consultation process.

Resolution of Conflicts over Ancestral


Domain Delineation (Sec.62)

The NCIP has jurisdiction


Customary process shall be
followed.
The NCIP shall promulgate
the necessary rules and
regulations to carry out its
adjudicatory functions