Tulgao Ancestral Domain, Tinglayan Kalinga Photo by Jason Umali

Indigenous Peoples Rights, Health and Environmental

Protection: Linking Practices to Law
Atty. Erwin M. Caliba
National Commission on Indigenous Peoples
PRE-COLONIZATION SPANISH AMERICAN POST-COLONIZATION

JURA REGALIA or Regalian Doctrine was introduced by Spain and continued to the
American period to the present.

Attitude of government towards indigenous peoples : Pacification - Assimilation -

Integration - Recognition

INDIGENOUS PEOPLES refused colonization, stayed in their territories and maintained

their way of living
Indigenous Belief System
Socio-political System
Healing System
Culture Economic System
Environment Management
Language
Arts
Indigenous Peoples Rights Act (IPRA) / RA
8371

“An Act to Recognize, Protect and Promote the Rights of

Indigenous Cultural Communities/ indigenous Peoples, Creating
a National Commission of Indigenous Peoples, Establishing
implementing Mechanisms, Appropriating Funds Therefor, and
for Other Purposes”
-Signed into law on 29 October 1997
-Took effect on 23 November 1997
LEGAL BASES
1987 Constitution

“The State recognizes and

promotes the rights of
indigenous cultural
communities within the
framework
of national unity and
development”
(Declaration of State Policies and Principles, Article II, Sec. 22)
• “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.
(National Economy and Patrimony, Article XII, Section 5)
“ 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.”
(Education, Science and Technology, Arts, Culture and Sports,
Article XIV, Section 17)
 Indigenous Cultural Communities /Indigenous
Peoples (ICCs/IPs)
-refer to a group of homogenous societies
identified by self-ascription and ascription by
others,
-who have continuously lived as organized
community on communally bounded and defined
territory, and who have, under claims of
ownership since time immemorial, occupied,
possessed and utilized such territories,
-sharing common bonds of language, customs,
traditions and other distinct cultural traits, or who
have, through resistance to political, social and
cultural inroads of colonization, non-indigenous
religions and cultures, became historically
differentiated from the majority of the Filipinos.
INCLUDES:
-peoples who are regarded as indigenous on
account of their descent from the populations
which inhabited the country,
-at the time of conquest or colonization, or
-at the time of inroads of non-indigenous
religions and cultures, or the establishment of
present state boundaries,
-who retain some or all of their own social,
economic, cultural and political institutions, but
who may have been displaced from their
traditional domains or who may have resettled
outside their ancestral domains. (Section 3 (h), IPRA)
ELEMENTS:
1. Homogenous Communities – identified by self-ascription and ascription of others

2. Distinct Culture – They have common language, customs, traditions and other
distinct cultural traits, indigenous political structures, customary laws and
indigenous knowledge systems and practices (IKSPs)

3. Territories – Continuously lived in communally bounded territories and defined

territory, who occupied, possessed and utilized such territories since time
immemorial under claims of ownership

4. Resistance to Colonization – Due to resistance, they became uniquely distinct

from the majority of the Filipinos
 ICCs/IPs

There are at least 110 ethno-

linguistic groups comprising the
ICCs/IPs with an estimated
population of about 14 million
 Ethnographic Locations of ICCs/IPs
CORDILLERA & REGION I
Bontoc; Balangao, Isneg, Tinggian,,
Kankanaey
Kalanguya, Karao, lbaloi, Ayangan,
lfugao, Tuwali, Kalinga, Bago, Applai
REGION II, CARABALLO
MOUNTAINS
Agta, Kalanguya, Bugkalot, Isinai,
Gaddang , Aggay , Dumagat ,
lbanag, Itawis, lvatan
REST OF LUZON/SIERRA
MADRE MOUNTAINS
Aeta, Negrito. Baluga, Pugot,
Abell ing, Agta, Dumagat,
Remontado, Bugkalot, Cimaron,
Kabihug, Tabangnon, Abiyan,
(Aeta), Isarog, ltom

ISLAND GROUPS
Agutaynen, Tagbanua,
Cagayanen, Cuyunon, Ke’ney,
Batak, Pala’wan, Molbog, Iraya
Mangyan, Hanunuo Mangyan,
Alangan Mangyan, Buhid
Mangyan, Tadyawan Mangyan,
Batangan Mangyan, Gubatnon
Mangyan, Ratagnon Mangyan,
Ati,, Ati Sulod/Bukidnon,
Magahat Korolanos, Ata,
Bukidnon, Escaya, Badjao,
Kongking
SOUTHERN & EASTERN
MINDANAO
Manobo, Mandaya, Mansaka,
Dibabawon, Banwaon. Bagobo,
Ubo Manobo, Tagakaolo,
Talaingod, Langilan, Mamanwa,
Higaonon, Blaan, T'boli,
NORTHERN & WESTERN Kalagan, Tagabawa,
MINDANAO Mangguangan, Tigwahanon,
Manobo, Subanen, Arumanen Sangil, Agusan Manobo
Manobo, Arakan Manobo, Teduray,
Dibabawon, Banwaon, Bagobo,
Ubo Manobo, Tagakaolo,
Talaingod,, Langilan, Mamanwa,
Higaonon, Blaan, T'boli, Kalagan,
Tagabawa, Manobo Blit,
Matigsalog, Tigwahanon,
CENTRAL MINDANAO
Tagabawa, Sangil
Aromanon, Tiruray, Bagobo, Ubo
Manobo, Higaonon, Subanen,
Maguindanao, Maranao, Iranon,
Karintik Blaan Lambangian
Rights Defined under IPRA

• Right to Ancestral Domains

and Lands

• Right to Self-Governance
and Empowerment

• Right to Social Justice and

Human Rights

• Right to Cultural Integrity

 -All lands belonging to ICCs/IPs (subject to vested

Ancestral Domains rights)

-comprised of lands, inland waters, coastal waters
and natural resources
-include
(1) ancestral lands,
(2) forests,
(3) pasture, residential, agricultural and
other lands whether alienable and
disposable or otherwise,
(4) hunting grounds,
(5) burial grounds,
(6) worship areas,
(7) bodies of water,
(8) mineral and other natural resources and
(9) lands no longer exclusively occupied by
ICCs/IPs but which they had traditionally
access thereto for their subsistence
(home ranges of ICCs/IPs who are nomadic
and/or shifting cultivators) Sec 3(a), IPRA
Ancestral Lands
-All lands occupied, possessed and utilized by
individuals, families and clans who are
members of the ICCs/IPs since time
immemorial (subject to vested rights)
-includes but not limited to
(1) residential lots;
(2) rice terraces or paddies;
(3) private forests
(4) swidden farms
(5) tree lots (Sec 3(b), IPRA)

Note: Ancestral domains/lands are beyond

the scope of the Regalian doctrine
Right to Ancestral Domains/
Lands
Rights Duties
1. Right Ownership

Native title - pre-conquest rights to lands and domains which, as far back as Ancestral domains or portions
memory reaches, have been held under a claim of private ownership, have never been found to be necessary for
public lands and indisputably presumed to have been held that way since before the critical watersheds, mangroves,
Spanish conquest. wildlife sanctuaries, wilderness,
protected areas, forest cover, or
They hold the view that ADs and all resources therein serve as the material bases of reforestation shall be
their cultural integrity; that these are private but community property which belong to maintained, managed and
all generations developed for such purposes
with full participation of
ICCs/IPs concerned and
2. Right to Develop & Manage Lands & Natural Resources
assistance by government
-develop, control and use lands and territories
agencies.
-manage and conserve natural resources within territories and uphold
responsibilities for future generations
-right to negotiate terms an conditions for the exploration of natural resources for
ensuring ecological, environmental protection
 Right to Ancestral
Domains/ Lands
Rights
3. Stay in Territories
-cannot be relocated without FPIC except thru eminent domain
-return when reason for relocation ceased to exist
4. In Case of Displacement (Natural catastrophes)
-resettled in suitable areas (with life support systems)
- right to return when normalcy restored
-Duties to Maintain ecological
-if returning is not possible, security of tenure on lands where they are resettled
balance by protecting the flora
and basic services and livelihood provided
and fauna, watershed areas and
5. Regulate Entry of Migrants other reserves
6. Claim Reservations
7. Safe & Clean Air & Water -and to Restore denuded areas by
reforestation
8. Resolve Conflict through Customary Law
9. To Transfer Ancestral Lands
10. To Redeem Ancestral Lands Lost through
Vitiated Consent.
Self-governance &
Empowerment

1.Freely pursue economic, social & cultural well-being

2. Free Prior Informed Consent in use of resources in the ancestral domains/lands
3. Use commonly accepted justice system/conflict resolution institutions/peace CLs and practices be compatible to the
building processes/customary laws national legal system and internationally
recognized human rights
4. Participate in decision-making that may affect them Maintain and develop their own
Indigenous Political Structures (IPS)
5. Mandatory representation in policy-making bodies and local legislative councils IPMR, local boards
6. Determine and decide their own priorities in development Formulation & evaluation of plans,
policies and programs (national, regional
and local)
7. Organize IPOs – to pursue and protect legitimate
and collective interests/aspirations
8. Granted means to fully develop their institutions & initiatives When necessary, government to provide
resources
Social Justice & Human Rights
1. Equal Protection & Non-
discrimination (1987 Constitution, UN
Charter, UDHR, CEDAW, IHRL)
2. Rights During Armed Conflict
3. Equal Opportunity & Treatment
4. Basic Services
5. Protection to Women, Children &
Youth
6.Integrated System of Education
-Afford all rights, protection and privileges enjoyed by the rest;
-Extend all basic services, educational and other rights and privileges enjoyed by other
Filipinos
-Fundamental human rights to IP WOMEN
-Special protection and security during armed conflict
-State shall not recruit IPs to armed forces against their will to fight against other IPs
- No IP children to be recruited into the armed forces
- No IPs to be forced to abandon their lands, territories and means of living or
relocate to special centers for military purposes
-Freedom from all discrimination (employment and benefits)
- Right to association, trade union activities and CBA
- Equal terms and conditions of employment
-Right to special measures for economic and social improvement (women, elderly,
youth, children and PWDs)
-Water and electrical facilities, education, health and infrastructure
-Equal opportunities and rights for women (social, economic, political and cultural
spheres), vital role of youth & children in nation building
-Full access to education, MNCHN and housing services
-Relevant IP education to children and youth
Right to Cultural Integrity
1. Protection of culture, traditions and institutions. These
must be considered in the formulation and application of
national plans and policies;

2. Equal Access to Cultural Opportunities (education) -through education, cultural entities, scholarships, grants and
other incentives without prejudice to right establish and control
their educational systems and institutions

3. Recognition of Cultural Diversity -State to take measures to eliminate prejudice and

discrimination and to promote tolerance, understanding and
good relations among ICCs/IPs and all segments of society

4. Practice & Revitalize their Customs & Traditions & the -State to protect and develop the manifestations of their
State Must Protect Manifestations Thereof cultures
-Rite to restitution of cultural, intellectual and religious and
spiritual property taken without their FPIC

5. Religious, Cultural Sites & Ceremonies; Funds for -Right to practice, develop and teach spiritual and religious
Archaeological & Historical Sites traditions, customs and ceremonies.
-Unlawful to dig archaeological sites of ICCs for obtaining
materials of cultural value without FPIC
Right to Cultural Integrity
6. Ownership and Recognition of Cultural and
Intellectual Rights (IKSP)
7. Biological and Genetic Resources
-Recognition of the full ownership and control of their
cultural and intellectual rights
-Right to special measures to control, develop and protect
their sciences, technologies and cultural manifestations,
including human and other genetic resources, seeds,
including derivatives of these resources, traditional medicines
and health practices, vital medicinal plants, animals and
minerals, IKSPs, knowledge of the properties of fauna and
flora, oral traditions, literature, designs, visual and performing
arts.
-Access to biological and genetic resources and to indigenous
knowledge related to conservation, utilization and
enhancement of these resources shall be allowed within the
Ads only with FPIC obtained in accordance to CLs of the
concerned community
 FREE AND PRIOR INFORMED
CONSENT (FPIC)

• Field-based Investigation (FBI)

- Certificate of Non-Overlap
• Free and Prior Informed Consent (FPIC)
• Certificate of Consent/Non-Consent/Compliance
Certificate
• Certification Precondition
 PRIMARY GOVERNMENT AGENCY TO
IMPLEMENT IPRA
National Commission on Indigenous Peoples (NCIP)

• Commission en banc headed by a

Chairperson
• 7 Ethnographic Regions represented
• 7 Bureaus
• 13 Regional Offices
• 46 Provincial Offices
• 108 Community Service Centers
NCIP ORGANIZATIONAL STRUCTURE
COMMISSION EN BANC

Office of the
Chairman
Clerk of the OSESSC - Office on Socio-
Commission Economic
Services and
Office of the Special Concerns
Executive Director ADO – Ancestral Domains Office
OPPR – Office on Policy, Planning
and Research
OEHR –Office on Empowerment
O O O and Human
O F L
S A P E Rights
E A A
E D P C OECH – Office of Education,
H O O
S O R H Culture and
R
S Health
C FAO – Finance and Administration
12 Regional Offices Office
LAO – Legal Affairs Office
Regional Hearing Officers
(RHOs)

46 Provincial Offices

108 Community Service Centers

 Powers

Administrative - Implementation of the law through

programs and projects. Supervision
and control of its bureaucracy
Quasi-Legislative - Promulgation of Rules and
Regulations
Quasi-Judicial - Titling of ADs/ALs and the adjudication
of cases. Decisions are appealable to
the Court of Appeals or the Supreme
Court