What Does It Mean?

Delineation refers to the process of precisely defining boundaries. It involves mapping out the exact extent of a specific
area, whether it’s a piece of land, a territory, or a domain. In the context of ancestral lands and domains, delineation serves
as the foundation for legal recognition, resource management, and cultural preservation.
Ancestral Domains (ADs) and Ancestral Lands (ALs)
1. Ancestral Domains (ADs):
o ADs encompass various areas that belong to indigenous cultural communities (ICCs) and indigenous
peoples (IPs). These areas are deeply intertwined with the cultural, spiritual, and historical identity of these
communities.
o Ownership and Occupation:
▪ ADs are traditionally and continuously occupied, possessed, or claimed by ICCs/IPs since time
immemorial.
▪ For example, consider the T’boli tribe in the Philippines. Their ancestral domain includes lush forests,
sacred mountains, and pristine lakes where they have lived for generations. The T’boli people rely on
these lands for their livelihood, rituals, and cultural practices.
o Community Property:
▪ ADs are considered the ICCs/IPs’ private but community property. They cannot be sold, disposed of,
or destroyed.
▪ The Subanen community in Mindanao, Philippines, shares collective ownership of their ancestral
domain. They sustainably manage the land, ensuring its ecological balance and cultural significance.
o Resource Rights:
▪ ADs include sustainable traditional resource rights, such as fishing, hunting, and gathering.
▪ The Mapuche people in Chile assert their rights over ancestral lands, which hold medicinal plants,
spiritual sites, and ancient rock art.
2. Ancestral Lands (ALs):
o ALs refer to lands traditionally occupied by ICCs/IPs. These lands are owned by individuals, families, and
clans within the ICCs/IPs.
o Occupation and Utilization:
▪ ALs are utilized by ICCs/IPs for various purposes:
▪ Agriculture: The Igorot tribe in the Cordillera region of the Philippines cultivate rice terraces
on their ancestral lands.
▪ Hunting and Gathering: The San Bushmen in southern Africa rely on their ancestral lands for
hunting game and gathering wild fruits.
o Transfer Rights:
▪ ICCs/IPs can transfer land or property rights among their members, following customary laws and
traditions.
▪ For instance, the Maori people in New Zealand have mechanisms for land inheritance and transfer
within their tribal structures.
 o Redemption Right:
▪ If land transfers to non-members are tainted with vitiated consent, ICCs/IPs have the right of redemption
within a specified period.
▪ The Penan community in Borneo, Malaysia, fights to reclaim their ancestral lands from logging
companies.

Why Delineate?
1. Legal Recognition and Protection:
o Delineation ensures that ancestral domains and lands are legally recognized by the government.
o It provides a basis for granting Certificates of Ancestral Domain Title (CADTs) and other legal titles,
safeguarding ICCs/IPs’ rights.
2. Resource Management and Conservation:
o Clear delineation allows effective management of natural resources within ADs and ALs.
o ICCs/IPs can protect flora, fauna, watersheds, and other reserves, ensuring ecological balance.
o For example, the Yurok Tribe in California manages their ancestral lands to preserve salmon habitats and
maintain biodiversity.
3. Cultural and Spiritual Significance:
o Delineation acknowledges the spiritual and cultural bonds ICCs/IPs have with their ancestral lands.
o It respects their enduring relationship with nature and their ancestors.
o The Torres Strait Islanders in Australia consider their sea territories as part of their identity, connecting them
to their creation stories and ancestors.
4. Conflict Resolution:
o Delineation helps resolve land conflicts within the customary laws of the area.
o It establishes boundaries, reducing disputes over land ownership.
o The Sami people in Scandinavia use delineation to address conflicts arising from reindeer herding rights.

In summary, delineation is not merely about drawing lines on a map; it is about recognizing the deep-rooted connections
between people, land, and culture. It ensures legal clarity, resource sustainability, and the preservation of heritage for
generations to come.

2. What are the steps involved in the delineation and recognition of ancestral domains and ancestral lands?

1. Initiation by ICCs/IPs:

Indigenous Cultural Communities/Indigenous Peoples (ICCs/IPs) initiate the process by submitting a formal request to the
National Commission on Indigenous Peoples (NCIP). This request typically includes:

• A resolution from their duly recognized ancestral domain/land claimants' organization.

• Proof of ancestral occupation of the claimed territory. This evidence can include:
o Historical documents such as land titles, deeds of sale, or tax receipts passed down through generations.
 o Testimonies from elders about traditional stories, practices, and knowledge related to the land.
o Maps, sketches, or other visuals depicting the ancestral domain boundaries.
• A map outlining the area they claim as their ancestral domain/land.

2. Technical Examination and Validation:

The NCIP conducts a thorough examination of the ICCs/IPs claim to verify its legitimacy and ensure compliance with legal
requirements. This stage involves:

• Reviewing the documents submitted by the ICCs/IPs.

• Conducting field investigations to gather additional evidence. This may involve:
o Interviews with ICCs/IPs, particularly elders, about their history and connection to the land.
o Examining cultural practices and traditional knowledge systems related to land use and resource
management.
o Verifying the accuracy of the claimed boundaries through ground-truthing exercises.
• Consulting with relevant stakeholders, such as government agencies, neighboring communities, and potentially
affected individuals or entities.

3. Ancestral Domain Verification and Delineation Surveys:

Once the initial examination is complete, the NCIP conducts technical surveys to verify and delineate the exact boundaries
of the ancestral domain. This may involve:

• Deploying geodetic engineers and surveyors to establish permanent marker points on the ground.
• Utilizing GPS technology and mapping tools for accurate boundary definition.
• Collaborating with ICCs/IPs throughout the process. Their knowledge of the land and traditional boundary markers
is invaluable for accurate delineation.

4. Drafting the Ancestral Domain Sustainable Development and Protection Plan (ADSDPP):

The NCIP works collaboratively with the ICCs/IPs to develop a comprehensive ADSDPP. This plan outlines a roadmap for
the future use and protection of the ancestral domain. Key aspects of the ADSDPP typically include:

• Defining the vision and goals for the ancestral domain's development.
• Identifying strategies for socio-economic development within the domain, considering sustainable livelihood
opportunities.
• Establishing cultural preservation measures to protect and promote ICCs/IPs' cultural heritage and traditional
practices.
• Outlining environmental protection strategies to ensure the responsible management and conservation of natural
resources within the ancestral domain.
5. Public Hearings:

The NCIP organizes public hearings to discuss the proposed delineation of the ancestral domain and the draft ADSDPP.
These hearings serve as a platform for:

• ICCs/IPs to present their claims and concerns.

• Stakeholders to raise any objections or provide feedback on the proposed delineation and development plans.
• Facilitating open dialogue and addressing potential conflicts before finalizing the process.

6. NCIP Recommendation and Approval:

Following the public hearings, the NCIP prepares a comprehensive report summarizing the delineation process, the
ADSDPP, and any feedback received. This report is then submitted to the NCIP Commission en banc, the full governing
body of the commission.

The Commission en banc reviews the report and makes a final decision on the following:

• Approval of the ancestral domain delineation.

• Issuance of either an Ancestral Domain Title (ADT) or a Certificate of Ancestral Land Title (CALT).

7. Issuance of Title:

Upon approval by the NCIP Commission en banc, the relevant title is issued:

• Ancestral Domain Title (ADT): This grants ICCs/IPs self-governing authority over their ancestral domain, allowing
them to manage their resources and establish their own governance structures.
• Certificate of Ancestral Land Title (CALT): This recognizes a specific area within a titled property (government or
private) as an ancestral land with cultural significance for the ICCs/IPs. While CALT holders don't have complete
self-governance, they retain specific rights to access and use the land for cultural purposes.