INDIGENOUS PEOPLES’ RIGHTS

ACT
 INDIGENOUS PEOPLES’ RIGHTS ACT

 Also known as Republic Act 8371

 Signed into law on October 29, 1997
by then President Fidel V. Ramos
 Legislation that recognize and
promote all the rights of Indigenous
Cultural Communities/Indigenous
Peoples of the Philippines
 INDIGENOUS PEOPLES’ RIGHTS ACT
 The Eighth Congress, through
Senators Rasul, Estrada and
Romulo filed a bill to
operationalize the mandate of
the 1987 Constitution on
indigenous peoples. The bill was
reported out, sponsored an
interpollated but never enacted
into law.
 INDIGENOUS PEOPLES’ RIGHTS ACT
 It was to address the centuries-
old neglect of the Philippine
indigenous peoples that the Tenth
Congress of the Philippines, by
their joint efforts, passed and
approved R.A. No. 8371, the
Indigenous Peoples Rights Act
(IPRA) of 1997.
 INDIGENOUS PEOPLES’ RIGHTS ACT

“ Only a law of such breadth,

depth and scope as R.A. 8371
can provide our indigenous
peoples with the seeds of
their empowerment and
social equity”
- Fidel V. Ramos
 INDIGENOUS PEOPLES’ RIGHTS ACT
AN ACT TO RECOGNIZE, PROTECT AND
PROMOTE THE RIGHTS OF INDIGENOUS
CULTURAL COMMUNITIES/INDIGENOUS
PEOPLES,CREATING ANATIONALCOMMISSION
ON INDIGENOUS PEOPLES,ESTABLISHING
IMPLEMENTING MECHANISMS,
APPROPRIATINGFUNDS THEREFOR, AND FOR
OTHER PURPOSES
 Four Bundles of Rights of ICCs/IPs

1) Right to Ancestral Domains and Lands

2) Right to Self-Governance and Empowerment
3) Right to Social Justice and Human Rights
4) Right to Cultural Integrity
 RIGHTS TO ANCESTRAL DOMAIN
a) Right to develop lands and natural resources
b) Right to stay in territories
c) Right in case of displacement
d) Right to regulate entry of migrants
e) Right to safe and clean air and water
f) Right to claim parts of reservations
g) Right to resolve conflict
h) Right to transfer land/property
 RIGHT TO SELF-GOVERNANCE AND EMPOWERMENT

a) Self-governance and self-determination

b) Justice system, conflict resolution institutions, and peace
building processes
c) Participation in decision-making
d) Determine and decide priorities for development
e) Tribal barangays
 RIGHT TO SOCIAL JUSTICE AND HUMAN RIGHTS

a) Equal protection and non-discrimination of ICCs/Ips

b) Right to equal opportunity and treatment
c) Rights During Armed Conflict.
d) Rights to Basic services
e) Equal rights for women
f) Children and Youth
 CULTURAL INTEGRITY
a) Protection of indigenous culture, traditions and institutions
b) Educational systems
c) Recognition of cultural diversity
d) Community Intellectual Rights
e) Rights to cultural sites and ceremonies
f) Rights to Indigenous Knowledge Systems and Practices
g) Access to biological and genetic resources
h) Right to receive from the national gov’t funds for archeological and
historical sites
 Significant Sections under IPRA
Section 7. Rights to
Ancestral Domains. — The
rights of ownership and
possession of ICCs/IPs to
their ancestral domains
shall be recognized and
protected.
 SECTION 7A
Right 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;
 SECTION 7B
Right to Develop Lands and Natural
Resources. —
Subject to Section 56 hereof, right to
develop, control and use lands and
territories traditionally occupied,
owned, or used; to manage and
conserve natural resources within the
territories
 SECTION 7C
Right to Stay in the
Territories. —
The right to stay in the
territory and not to be removed
therefrom. No ICCs/IPs will be
relocated without their free and
prior informed consent.
 Significant Sections under IPRA
SECTION 13. 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.
 Significant Sections under IPRA
SECTION 17. 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.
 Significant Sections under IPRA
SECTION 21. Equal Protection and Non-discrimination of
ICCs/IPs. — Consistent with the equal protection clause of the
Constitution of the Republic of the Philippines, the Charter of
the United Nations, the Universal Declaration of Human Rights
including the Convention on the Elimination of Discrimination
Against Women and International Human Rights Law, the State
shall, with due recognition of their distinct characteristics and
identity, accord to the members of the ICCs/IPs the rights,
protections and privileges enjoyed by the rest of the citizenry.
 Significant Sections under IPRA
SECTION 22. Rights During Armed Conflict. — ICCs/IPs have the
right to special protection and security in periods of armed conflict.
The State shall observe international standards, in particular, the
Fourth Geneva Convention of 1949, for the protection of civilian
populations in circumstances of emergency and armed conflict, and
shall not recruit members of the ICCs/Ips against their will into the
armed forces, and in particular, for use against other
ICCs/IPs; nor recruit children of ICCs/IPs into the armed forces
under any circumstance; nor force indigenous individuals to
abandon their lands, territories and means of subsistence.
 GENEVA CONVENTION
The Geneva Conventions are a
series of treaties on the
treatment of civilians,
prisoners of war (POWs) and
soldiers who are incapable of
fighting.
 Significant Sections under IPRA
SECTION 24. Unlawful Acts Pertaining to Employment. — It shall be
unlawful for any person:

a) To discriminate against any ICC/IP with respect to the terms and

conditions of employment on account of their descent. Equal
remuneration shall be paid to ICC/IP and non-ICC/IP for work of equal
value; and

b) To deny any ICC/IP employee any right or benefit herein provided

for or to discharge them for the purpose of preventing them from
enjoying any of the rights or benefits provided under this Act.