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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
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)
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)
ANCESTRAL DOMAIN
ANCESTRAL DOMAIN
Subject to Section 56 hereof, refer to all areas
ANCESTRAL DOMAIN
Immemorial,
ANCESTRAL DOMAIN
Necessary to ensure their economic, social
ANCESTRAL DOMAIN
Natural
ANCESTRAL DOMAIN
ANCESTRAL DOMAIN
These lands are exempt from real property
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
ANCESTRAL
LANDS/DOMAINS
Include such concepts of territories which
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
Certificate of Ancestral
Lands Title (CALT)
A title formally recognizing
the rights of ICCs/Ips over
their ancestral lands
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
Indigenous Cultural
Communities/Indigenous
Peoples (ICCs/IPs)
Indigenous Political
Structures
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.
Recognition of Ancestral
Domain Rights by Virtue of
Native Title
Recognized
Respected
Formal recognition-embodied in a
CADT
NCIPs Composition
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.
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
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
6. Report of Ancestral
Domains Office submitted to
the NCIP
7. NCIP issues a CALT
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.