“Forging partnership for rights-based development of the Indigenous Peoples”

REPUBLIC ACT No. 8371

The Indigenous Peoples Rights
Act of 1997

ATTY. JOANNE PAGUIDOPON-GRADO

NCIP XI Provincial Legal Officer Davao del Sur

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 Regalian Doctrine :
• All traditional arrangements of land
ownership, sharing, distribution and
management of the Indigenous
Peoples were erased!

• All lands were owned by the Spanish

Government.
 Impact of the legal system on the
Indigenous Peoples

• When the Spaniards left, we continued to

use their Government system;

• This did not recognize traditional land

rights and ownership of ICCs/IPs;

• Without titles, Indigenous Peoples were

forced to lose ownership of these lands.
LEGAL PRECEDENTS:

• 1909, in the case of Carino vs.

Insular Government - court has
recognized long occupancy of land
by an indigenous member of the
cultural communities as one of private
ownership, which, in legal concept, is
termed “native title”
Republic Act No. 8371
Indigenous Peoples Rights Act of 1997
 Legal Bases

1. 1987 Phil. Constitution

2. ILO 169
3. Cariňo v. Insular Government (212 US 449)

• Right of an Igorot (Mateo Cariño) to his land in Province of

Benguet which he held fifty years before the Treaty of Paris in
April 11, 1899 was upheld.

• Since the land has been held by individual under a claim of

private ownership, it will be presumed to have been held in that
way before the Spanish conquest and never to have been
public land
 LEGAL BASES

1987 Constitution

Section 22, Article I - The State recognizes and promotes the

rights of indigenous cultural communities within the framework of
national unity and development.

Section 5, Article XII, Constitution

Sec. 5 of Art. XII 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
wellbeing. The Congress may provide for the applicability of
customary laws governing property rights or relations in determining
the ownership and extent of ancestral domain.
 What does IPRA intend to do?
• The IPRA was passed into law to correct
the mistakes and injustices committed
against the Indigenous Peoples for more
than 300 years;
• Its main goal is to provide equal
protection and recognition of all the
human rights of Indigenous Peoples in
the Philippines
 Four Significant Aspect of IPRA
1) the articulation of the recognition of the right to self-
governance;
2) the recognition of the bundle of rights held by
indigenous peoples,
3) the establishment of a process for the formal
recognition of land rights through the introduction of
the Certificate of Ancestral Domain Title (CADT) or
Certificate Ancestral Land Title (CALT); and,
4) the establishment of the National Commission on
Indigenous Peoples (NCIP), the agency mandated to
protect the interest of indigenous peoples.
 Four bundles of rights

• 1. Right to Ancestral Domain

• 2. Right to Self-Governance and
Empowerment
• 3. Social Justice and Human Rights
• 4. Cultural Integrity
 “Forging partnership for rights-based development of the Indigenous Peoples”

RIGHT TO ANCESTRAL DOMAIN

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 “Forging partnership for rights-based development of the Indigenous Peoples”

CONCEPT OF ANCESTRAL
DOMAIN

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Concept of Ancestral Domain
Ancestral domain

refers to all areas generally belonging to

ICCs/IPs;

- held under a claim of communal and

private ownership by ICCs/IPs since time
immemorial-
- not only the physical environment but
the total environment

- including the spiritual and cultural bonds

to the area which the ICCs/IPs possess,
occupy and use and to which they have
claims of ownership
 YUTANG KABILIN

UNSAY NALAKIP NIINI:

Katubigan
Hunting grounds

Lubnganan Alampuanan
Home Ranges
 Indigenous Concept of Ownership

- Ancestral domains/lands are the

ICCs/IPs private but community
property which belongs to all
generations and therefore cannot be
sold nor disposed or destroyed.
 RIGHT TO ANCESTRAL DOMAIN

a. Rights of Ownership.- The right to claim

ownership over lands, bodies of water
traditionally and actually occupied by
ICCs/IPs, sacred places, traditional hunting
and fishing grounds, and all improvements
made by them at any time within the
domains;

Includes: rights over the fruits, rights to possess,

use, to consume, rights to exclude, rights or
interest over land natural resources
 RIGHT TO ANCESTRAL DOMAIN

b. Right to Develop Lands and Natural

Resources

Includes: right to control, manage, develop,

protect, conserve and sustainably use the land,
air, water; plants, animals, fishing, hunting;
sacred grounds sites

Rights to benefits from: utilization, extraction,

use and development of land and natural
resources
 RIGHT TO ANCESTRAL DOMAIN

c. Right to Stay in the Territories

No ICCs/IPs shall be relocated without FPIC

Temporary relocation is an exceptional

measure, after exhausting all legal
remedies; right to return;
 RIGHT TO ANCESTRAL DOMAIN

e. Right to Regulate Entry of Migrants

{the collective right to use everything within

the domain is limited only to the recognized
members of the ICCs/IPs}
All migrant and other entities must secure
express permission from the council of
elders and upon Free Prior Informed Consent
 RIGHT TO ANCESTRAL DOMAIN

Sec. 10. Unauthorized and Unlawful Intrusion.-

Unauthorized and unlawful intrusion upon, or
use of any portion of the ancestral domain, or
any violation of the rights herein before
enumerated, shall be punishable under this law.
Furthermore, the Government shall take
measures to prevent non-ICCs/IPs from taking
advantage of the ICCs/IPs customs or lack of
understanding of laws to secure ownership,
possession of land belonging to said ICCs/IPs.
 RIGHT TO ANCESTRAL DOMAIN

Sec. 11. Recognition of Ancestral Domain

Rights.- The rights of ICCs/IPs to their ancestral
domains by virtue of Native Title shall be
recognized and respected. Formal recognition,
when solicited by ICCs/IPs concerned, shall be
embodied in a Certificate of Ancestral Domain
Title (CADT), which shall recognize the title of
the concerned ICCs/IPs over the territories
identified and delineated.
 “Forging partnership for rights-based development of the Indigenous Peoples”

RIGHT TO SELF-GOVERNANCE
AND EMPOWERMENT

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 RIGHT TO SELF GOVERNANCE AND
EMPOWERMENT

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.
Consequently, the State shall guarantee the right of
ICCs/IPs to freely pursue their economic, social and
cultural development.

Recognition of Authentic Leadership: right to confer

leadership titles, recognition of leadership titles;
 RIGHT TO SELF GOVERNANCE AND
EMPOWERMENT
Justice System, Conflict Resolution Institutions
and Peace Building Processes.-

right to use their own commonly accepted

justice systems, conflict resolution institutions,
peace building processes or mechanisms and
other customary laws and practices within their
respective communities and as may be
compatible with the national legal system and
with internationally recognized human rights.
 RIGHT TO SELF GOVERNANCE AND
EMPOWERMENT

Right to Participate in Decision -Making.-

right to participate fully, if they so choose, at all

levels of decision-making in matters which may
affect their rights, lives and destinies through
procedures determined by them as well as to
maintain and develop their own indigenous
political structures. Consequently, the State shall
ensure that the ICCs/IPs shall be given mandatory
representation in policy-making bodies and other
local legislative councils.
 RIGHT TO SELF GOVERNANCE AND
EMPOWERMENT

Right to Determine and Decide Priorities for

Development.-

The ICCs/IPs shall have the right to determine and

decide their own priorities for development
affecting their lives, beliefs, institutions, spiritual well-
being, and the lands they own, occupy or use. They
shall participate in the formulation, implementation
and evaluation of policies, plans and programs for
national, regional and local development which
may directly affect them.
 “Forging partnership for rights-based development of the Indigenous Peoples”

RIGHT TO SOCIAL JUSTICE AND

HUMAN RIGHTS

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 RIGHT TO SOCIAL JUSTICE AND
HUMAN RIGHTS
Equal Protection and Non-discrimination of
ICCs/IPs

With due recognition of the ICCs/IPs

distinct characteristic and identity, the
state shall accord to members of the
ICCs/IPs the rights, protection and
privileges enjoyed by the rest of the
citizenry
 RIGHT TO SOCIAL JUSTICE AND
HUMAN RIGHTS
Rights during Armed Conflict.-

ICCs/IPs have the right to special protection

and security in periods of armed conflict;

Right to declare their territories as zones of

peace and to special protection and security
in periods of armed conflict
 RIGHT TO SOCIAL JUSTICE AND HUMAN
RIGHTS

Freedom from Discrimination and Right to Equal Opportunity and

Treatment.-
ICCs/IPs are free and equal to all other individuals in their dignity as human
beings and shall be free from any kind of any adverse discrimination for
reason of their indigenous origin or identity.

Right to employment free from any discrimination with respect to

recruitment and conditions of employment:

Basic Services.- The ICC/IP have the right to special measures for the
immediate, effective and continuing improvement of their economic and
social conditions, including in the areas of employment, vocational
training and retraining, housing, sanitation, health and social security
 RIGHT TO SOCIAL JUSTICE AND HUMAN
RIGHTS

Women.- ICC/IP women shall enjoy equal rights and

opportunities with men, as regards the social,
economic, political and cultural spheres of life

Children and Youth.- The State shall recognize the

vital role of the children and youth of ICCs/IPs in
nation-building and shall promote and protect their
physical, moral, spiritual, moral, spiritual, intellectual
and social well-being
 RIGHT TO SOCIAL JUSTICE AND HUMAN
RIGHTS

Integrated System of Education.- The

State shall, through the NCIP, provide a
complete, adequate and integrated
system of education, relevant to the
needs of the children and Young
people of ICCs/IPs.
 “Forging partnership for rights-based development of the Indigenous Peoples”

RIGHT TO CULTURAL INTEGRITY

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 RIGHT TO CULTURAL INTEGRITY

Sec. 31. Recognition of Cultural Diversity.-

The State shall endeavor to have the
dignity and diversity of the cultures,
traditions, histories and aspirations of the
ICCs/IPs appropriately reflected in all
forms of education, public information
and cultural-educational exchange.
 RIGHT TO CULTURAL INTEGRITY

Sec. 32. Community Intellectual Rights.- ICCs/IPs

have the right to practice and revitalize their own
cultural traditions and customs. The State shall
preserve, protect and develop the past, present
and future manifestations of their cultures as well
as the right to the restitution of cultural,
intellectual, religious, and spiritual property taken
without their free and prior informed consent or in
violation of their laws, traditions and customs.
 RIGHT TO CULTURAL INTEGRITY

Sec. 33. Rights to Religious, Cultural Sites and

Ceremonies.- ICCs/IPs shall have the right to
manifest, practice, develop teach their spiritual
and religious traditions, customs and
ceremonies;

the right to maintain, protect and have access

to their religious and cultural sites; the right to
use and control of ceremonial object; and the
right to the repatriation of human remains
 RIGHT TO CULTURAL INTEGRITY

Sec. 34. Right to Indigenous Knowledge

Systems and Practices and to Develop
own Sciences and Technologies.-
ICCs/IPs are entitled to the recognition
of the full ownership and control and
protection of their cultural and
intellectual rights
 Responsibilities of ICCs/IPs to their
Ancestral Domains/Lands:

1.Maintain Ecological Balance

2. Restore Denuded Areas

3. Observe Laws
 Section 56

Property rights within the ancestral

domains already existing and/or vested
upon effectivity of this Act, shall be
recognized and respected.
Creation of NCIP

• Primary
government
agency mandated
to protect and
promote the interest
and well-being of
the ICCs/IPs with
due regard to their
beliefs, customs,
traditions and
institutions.
Organizational Structure of NCIP

Office of the President

7 Commissioners

Executive Director

7 Bureaus 13 regional Offices

Provincial Offices

Community
Service Centers
 NCIP as Quasi – Judicial Body

• To promulgate rules and regulations regarding

the hearing and disposition of cases;

• To administer oaths, summon parties, issue

subpoena requiring the attendance of
persons and/or production of books,
documents, etc.;

• Contempt Power.
 Jurisdiction

1. disputes over ancestral domains;

2. violations of Free and Prior Informed
Consent (FPIC);
3. violations of customary laws or
desecration of
4. ceremonial sites, sacred places or rituals;
5. property rights, claims of ownership,
hereditary succession and settlement
of land disputes between and among
IPs that have not been settled under
customary laws;

6. damages arising out of any violation

of IPRA.
 Section 72 – Punishable Acts and
Applicable Penalties

- any person who commits

violation of any provision of this Act
shall be punished in accordance with
the customary laws of the ICCs/IPs
concerned.
 “Forging partnership for rights-based development of the Indigenous Peoples”

DAGHANG SALAMAT!!!

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