IPRA LAW OF 1997

•Has continually lived as an organized body on communally bonded and defined territory.
•Shared common bonds of knowledge, customs, traditions, and other distinctive cultural traits.
•Historically differentiated from majority through resistance to political, social, cultural of colonization

WHO ARE THE INDIGENOUS PEOPLES AS DEFINED BY IPRA?

Ancestral Domains

refer to all areas generally belonging to ICCs/IPs comprising lands, inland waters, coastal areas, and natural resources therein, held under a claim of ownership, occupied or possessed by ICCs/IPs, by themselves or through their ancestors, communally or individually since time immemorial

1. 1909 - Carino vs Insular Government
2. 1919 - Second Public Land Act
3. 1964 - R.A. 3872
4. 1978 - Presidential Decree 1414
5. 1997 - R.A. 8371

The historical development of Indigenous peoples rights

Carino vs Insular Government (1909)

This case paved the way for the government to review the so-called "native title" or "private right." The 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").

Native title

refers to preconquest rights to lands and domains which, as far back as memory reaches, have been held under a claim of private ownership by ICCs/IPs, have never been public lands and are thus indisputably presumed to have been held that way since before the Spanish Conquest

Time Immemorial

refers to a period of time when as far back as memory can go

Second Public Land Act (Act 2874) of 1919

enacted on 1919, recognizing the right of ownership of any native of the country who, since July 4, 1907, or prior thereto, has continuously occupied and cultivated, either by himself or through his predecessors-in-interest, a tract of agricultural public land.

R.A. 3872 of 1964

provides that members of the national cultural minorities who have resided on agricultural, public land since July 4, 1955, are entitled to recognition of ownership whether or not the land has been certified as "disposable."

Presidential Assistant for National Minorities (PANAMIN)

an agency authorized to design, implement and maintain settlements among the National Minorities.

Presidential Decree 1414 of 1978

it outlines the powers and responsibilities of PANAMIN in integrating ethnic groups into Philippine society and protecting the rights of national minorities.

Republic Act No. 8371

Indigenous Peoples Rights Act of 1997

Senate Bill No. 1728 and House Bill No. 9125;
October 22, 1997

R.A. 8371 which is a consolidation of Senate Bill No. ____ and House Bill No. _____was finally passed by both the Senate and the House of Representatives on _______

Fidel V. Ramos

R.A 8371 was signed by President __________ on October 29, 1997

1. Recognition
2. Protection
3. Promotion

Objectives of the Indigenous Peoples Right Act of 1997

National Commission on Indigenous Peoples (NCIP)

An agency created to protect and promote the interest and well-being of the Indigenous Cultural Communities/Indigenous Peoples with due regard to their beliefs, customs, traditions, and institutions.

1. Land Tenure Security Program
2. Establishment of Model A.D Communities
3. Enforcement of Human Rights and Empowerment of IPs through trainings
4. Titling and delineation of ancestral domains and lands
5. Adjudication of cases

5 Programs of NCIP for Indigenous People

1973 Constitution - (ART. X, SEC. 11)

1987 Constitution
- (ART. II, SEC. 22)
- (ART. XII, SEC. 5)
- (ART. XIII, SEC. 6)
- (ART. XIV, SEC. 17)
- (ART. XVI, SEC. 12)

CONSTITUTION AND LEGAL BASIS OF IPRA

1973 CONSTITUTION (ART. X, SEC. 11)

"This state shall consider the customs, traditions, beliefs, and interests of national cultural communities in the formulation and implementation of state policies"

1987 CONSTITUTION (ART. II SEC. 22)

"The state recognizes and promotes the rights of inidgenous cultural communities within the framework of national unity and development"

1987 CONSTITUTION (ART. XII, SEC. 5)

"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 well-being"

1987 CONSTITUTION (ART. XIII, SEC. 6)

"The State shall apply the principles of agrarian reform or stewardship, whenever applicable in accordance with law, in the disposition or utilization of other natural resources, including lands of the public domain under lease or concession suitable to agriculture, subject to prior rights, homestead rights of small settlers, and the rights of indigenous communities to their ancestral lands."

1987 CONSTITUTION (ART. XIV, SEC. 17)

"The State shall recognize, respect, and protect the rights of indigenous cultural communities to preserve and develop their cultures, traditions, and institutions. It shall consider these rights in the formulation of national plans and policies."

1987 CONSTITUTION (ART. XVI, SEC. 12)

"The Congress may create a consultative body to advise the President on policies affecting indigenous cultural communities, the majority of the members of which shall come from such communities"

1. 1963 - Eliminate all forms of discrimination
2. 1965 - UN Members sign International Covenant on the Elimination of All Forms of Racial Discrimination
3. 1969 - Ratification of International Covenant on the Elimination of All Forms of Racial Discrimination
4. 2007 - UN adopts Declaration on the Rights of Indigenous Peoples

International Basis for IP Rights

1963

The draft of Declaration on the Elimination of All Forms of Racial Discrimination was adopted by the UN General Assembly on _______

1965

The Covenant on the Elimination of All Forms of Racial Discrimination was adopted and opened for signature by the United Nations General Assembly on _________

1969

The International Covenant on the Elimination of All Forms of Racial Discrimination entered into force on ____

2007

The United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) was adopted by the General Assembly on ____________

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

4 Rights of IPs

1. Right of Ownership
2. Right to Develop Lands and Natural Resources
3. Right to Stay in the Territories
4. Right in Case of Displacement
5. Right to Safe and Clean Air and Water
6. Right to Claim Parts of Reservations
7. Right to Regulate Entry of Migrants
8. Right to Resolve Conflict

Provisions under the Right to Ancestral Domains and Lands (7)

Right to Ancestral Domains and Lands

The rights of ownership and possession of ICCs/IPs to their ancestral domains/lands shall be recognized and protected.

Right to Self-governance an Empowerment

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

Right to Social Justice and Human Rights

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.

Right to Cultural Integrity

The State shall respect, recognize and protect the right of ICCs/IPs to preserve and protect their culture, traditions and institutions. It shall consider these rights in the formulation and application of national plans and policies

Free and Prior Informed Consent

the consensus of all members of the ICCs/IPs to be determined in accordance with their respective customary laws and practices, free from any external manipulation, interference and coercion, and obtained after fully disclosing the intent and scope of the activity, in a language and process understandable to the community

1. Art. 19 of UNDRIP
2. Art. 32 of UNDRIP
3. ILO Covention 169 on Indigenous and Tribal Peoples (Article 7)
4. 1987 Constitution Art. XII, Sec. 5
5. 1987 Constitution Art. XIII, Sec. 6
6. 1987 Constitution Art. XIV, Sec. 17

LEGAL BASIS OF FPIC

Article 19 of the UN Declaration on the Rights of Indigenous Peoples

"States shall consult and cooperate in good faith with the indigenous peoples concerned through their own representative institutions in order to obtain their free, prior and informed consent before adopting and implementing legislative or administrative measures that may affect them."

Article 32 of the UN Declaration on the Rights of Indigenous Peoples

"Indigenous peoples have the collective right to determine their own citizenship in accordance with their customs and traditions. Indigenous citizenship does not impair the right of indigenous individuals to obtain citizenship of the States in which they live"

International Labor Organization (ILO) Convention 169 on Indigenous and Tribal Peoples (Article 7)

recognizes Indigenous peoples' right to self-determination within a nation-state, while setting standards for national governments regarding Indigenous peoples' economic, socio-cultural and political rights, including the right to a land base. The convention is law within the nation-states that have ratified it

1. All IPs
2. If there are more than one IP residing in an ancestral domain, all IPs shall be informed.
3. Migrant IPs with consent of the owner

Who are qualified to file FPIC?

•Extractive / Intrusive / Large-scale projects (mining, agro-business)
•Non-extractive/small-scale projects and programs (feasibility study, other small-scale projects)

Kinds of projects that requires FPIC

•Sacred grounds and burial sites
•Cultural heritage sites
•Areas reserved by ICCs/IPs
•Other areas identified in the ADSDP

Ancestral domains that cannot be subjected to FPIC

•Community initiated projects
•Government projects for the community
•Projects for the delivery of basic services, exercise of traditional-use rights

Projects that doesn't require FPIC

•Pagmamay-ari ng lupa
•Industrial projects
•Diskriminasyon

Suliranin ng mga IP