INDIGENOUS PEOPLE’s RIGHTS ACT/ LEGAL BASIS

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. The Philippine
Government has identified mining as a priority industry Areas Identified as Ancestral Domains the
Indigenous Communities: Indigenous People account for nearly 14 percent of the country's population.
They are the poorest and most vulnerable social category in the country. They have substantially greater
rates of illiteracy, unemployment, and poverty than the rest of the population. Case studies are used in
the essay to Discuss the application of state laws on indigenous peoples' communities, as well as the
connection of the formal legal system represented by state legislation with customs. The traditions on
which indigenous peoples have historically depended to determine the Land use regulations govern the
usage and alienability of land. Indigenous Peoples Rights Act 1997 (Republic Act No. 8371 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 therefor, and for other purposes. The Act makes provision for the
promotion and recognition of the rights of Indigenous Cultural Communities/ Indigenous Peoples
(ICCs/IPs), with a view to preserve their culture, traditions and institutions and to ensure the equal
protection and non-discrimination of members. The Philippine situation is a classic example. Due to the
organized lobby of indigenous peoples, the 1987 Philippine Constitution finally included three sections
under two articles which recognize the rights of indigenous peoples to their ancestral domain, self-
governance and cultural integrity. However, it took ten years before the government passed an enabling
act to operationalize the constitutional provision. This is the Indigenous Peoples' Rights Act (IPRA), which
was passed in October 1997. Within these ten years, however, the 12 million hectares which was the
approximate area considered to be ancestral domain has been reduced to 3 million. l Most of the lands
are taken over by government or leased by government to private corporations. Even before this act
was passed many laws which make a mockery of it have already been enacted. The Philippine Mining
Act (Republic Act 7942) which was passed like a breeze in 1995 is just one example. This Mining Act
allows for mining corporations with 100% foreign equity to have a lease on mineral lands up to an area
of 81,000 hectares for as long as fifty years. These companies can repatriate fully their profits and are
given tax-holidays for a period of 10 years. Aside from the Mining Act there are other laws which were
passed, amended, or repealed to concur with the commitments of the government to the WTO. Some of
these laws will be cited in the subsequent sections.