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R.A 8371 IPRA LAW
What is IPRA LAW?
– 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
- October 29,1997
The Indigenous People's Rights Act of 1997
Ancestral Domains - ICC's/IPs private but
community property which belongs to all
generations and therefore cannot be sold,
disposed or destroyed.
Rights to Ancestral Domains
 Rights of Ownership
 Rights to develop land and natural
resources
 Rights to stay in the Territories
 Rights in caseof desplacements
Right to Regulate Entry of Migrants
Right to Resolve Conflicts
Rights to develop land and natural Resources
Right to Transfer Land/ Property
Right to Redemption
RESPONSIBILITIES OF ICCS/IPS TO AD
o Maintain Ecological Balance
o Restore Denuded Areas
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o Observe laws - To observe and comply
with the provisions of this Act and the
rules and regulations for its effective
implementation
WHAT IS FPIC? Free, Prior, Informed Consent
Free - The consent is FREE, given voluntary and
without intimidation or Manipulation.
Prior - The consent is given in advance, and
even if it does not take place
- Consent is obtained sufficiently in advance
of any authorization or start of activity.
Informed - Types of information that should be
presented before obtaining consent.
Information should be accurate and clear.
Consent - collective decision made by the
rights-holder.
Importance of R.A 8371
RPPTR ICC's/IPs - Recognize, Protect and
Promote the Rights of Indigenous Cultural
Community/ Indigenous People.
4 BUNDLES OF RIGHTS
1. Rights of Ancestral Domains
2. Rights of Self-governance and
Empowermennt
3. Social Justice and Human Rights
4. Cultural Integrity
IPMR - INDIGENOUS PEOPLE MANDATORY
REPRESENTATIVE
IPMR ROLE - Creating legislative agenda.
ANCESTRAL LANDS - Territories and resources
of indigenous peoples
CADT - A title formally recognizing the rights of
possession and ownership of IPs over their
ancestral domains identified and delineated in
accordance with this law. Certificate of
Ancestral Domain Title
CALT - A title formally recognizing the rights of
possession and ownership of ICCs or IPs over
their ancestral lands.Certificate of Ancestral
Land Title
CUMMUNAL CLAIMS - claims on land
CUSTOMARY LAWS - set of laws based on the
traditions, customs or norms from local
community.
NATIVE TITLE - bundles of rights.
NON-GOVERNMENT ORGANIZATION - not
controlled by the government - independent
from government.
NCIP - NATIONAL COMMISSION ON
INDIGENOUS PEOPLE
- Primary government agency responsible for
the formulation and implementation of policies,
plans and programs to promote and protect the
rights and well-being of the ICCS/IPs and the
recognition of their ancestral domains as well
as the rights thereto.
The NCIP shall protect and promote the
interest and well- being of the ICCs/IPs with
due regard to their beliefs, customs, traditions
and institutions.
WHAT IS SELF-GOVERNANCE
The State recognizes the inherent right of
ICCS/IPs to self-governance and self-
determination and respects the integrity of
their values, practices and institutions.
State shall guarantee the right of ICCS/IPs to
freely pursue their economic, social and cultural
development.
o SUPPORT TO AUTONOMOUS REGION
o Justice System, Conflict Resolution
Institutions, and Peace Building
Processes
o Right to Participate in Decision- Making
Justice System, Conflict Resolution
Institutions, and Peace Building
Processes
o Right to Determine and Decide
Priorities for Development
o Tribal Barangays
o Role of Peoples Organizations
o Means for Development/
Empowerment of ICCs/IPs
SOCIAL JUSTICE & HUMAN RIGHTS
✓ Equal Protection and Non-discrimination
✓ Rights during Armed Conflicts
✓ Freedom from Discrimination and Right to
Equal Opportunity & Treatment
✓ Unlawful Acts Pertaining to Employment
✓ Basic Services
✓ Women
✓ Children and Youth
✓ Integrated System of Education
CULTURAL INTEGRITY
✓ Protection of Indigenous Culture, Traditions
and Institutions
✓ Educational Systems
 Office of the President

7 Commissioners

✓ Recognition of Cultural Diversity 8. PROGRAM/PROJECT

Executive
Director
IDENTIFICATION AND
PRIORITIZATION
✓ Community Intellectual Rights
7 Bureaus 13 regional
9. MANAGEMENT PLAN offices
✓ Rights to Religious, Cultural Sites and
Provincial
Ceremonies 10. ADSDPP REVIEW COMMITTEE
Community Service
✓ Right to Indigenous Knowledge Systems and Centers
Practices and to Develop own Sciences and
Technologies

✓ Access to Biological a Genetic Resources.

✓ Sustainable Agro- Technical Development

✓ Funds for Archeological and Historical Sites.

Formulation of the ADSDPP shall primarily be

guided by the principle of self-determination,
participatory planning and cultural integrity
with the main objective of ensuring the
sustainable development and protection of 11. PRESENTATION, VALIDATION AND
ancestral domain resources and the APPROVAL OF DRAFT ADSDPP WITH IC/IP
enforcement of the rights of ICCs/IPs to their COMMUNITY MEMBERS
ancestral.
12. SUBMISSION OF ADSDPP TO NCIP
Basic Steps in the ADSDPP Formulation
13. Incorporation of the ADSDPP into the Local
1. CONSTITUTION AND COMPOSITION OF THE Government Plans.
ADSDPP TEAM
3 branches of Government
2.PRE-PLANNING CONSULTATIONS.
3.ORGANIZATION OF THE WORKING 1. Executive
GROUP/PLANNING TEAM 2. Legislative
4.PREPARATION OF WORK AND FINANCIAL 3. Judicial
PLAN (WFP). Elements of the State
5. DATA GATHERING AND ASSESSMENT  People
 Territory
6. IP/AD DEVELOPMENT FRAMEWORK
FORMULATION  Government
 Sovereignty
7. INTERFACE OF IP/AD DEVELOPMENT
FRAMEWORK WITH EXISTING GOVERNMENT What Are The Essential Components Of The
POLICIES/PLANS/PROGRAMS/ PROJECTS, RULES Ancestral Domains Sustainable Development
AND REGULATIONS And Protection Plan (ADSDPP)?
1.Ancestral Domain and Community Situationer
a.Ancestral Domain Situationer
b.The Community Situationer
c.Indigenous Knowledge, Systems and Practices
(IKSPs)

2. Development Needs of the ICCs and their

Ancestral Domains.

The ADSDPP shall specify plans and programs to

meet the identified needs of thebcommunity
and the ancestral domain

2. Implementation Policies and

Mechanisms.The ADSDPP shall embody
policies,structures, procedures and other
mechanisms to ensure the implementation of
the plan
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