Republic Act 8371

Indigenous Peoples' Rights Act of 1997

Introduction
Republic Act 8371 was promulgated in order to:
1. Recognize, protect and promote the rights of
indigenous cultural communities or indigenous
peoples

2. Create a national commission on

indigenous peoples
3. Establish implementing mechanisms,
appropriating funds therefor, and for
other purposes

International Legal Basis

United Nations Universal Declaration on Human Rights
Article 1
All human beings are born free and equal in dignity and
rights. They are endowed with reason and conscience
and should act towards one another in a spirit of
brotherhood.

Article 19
Everyone has the right to freedom of opinion and
expression; this right includes freedom to hold opinions
without interference and to seek, receive and impart
information and ideas through any media and regardless
of frontiers.

International Covenant on Economic, Social and

Cultural Rights
Article 1
All peoples have the right of self-determination. By
virtue of that right they freely determine their political
status and freely pursue their economic, social and
cultural development.

Declaration on Indigenous Peoples' Rights

Article 4
Indigenous peoples, in exercising their right to self
determination, have the right to autonomy or selfgovernment in matters relating to their internal and
local affairs, as well as ways and means for financing
their autonomous functions.

Article 8 (1)
Indigenous peoples and individuals have the
right not to be subjected to forced assimilation or
destruction of their culture.

Constitutional Basis
Article 12, 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.

Coverage
RA 8371 covers all indigenous people and indigenous
cultural communities in the country, with respect to
their rights and privileges as provided for in the law.

Special Protection pf the Indigenous People

According to RA 8371
RA 8371 protects the indigenous peoples' or indigenous
cultural communities' rights as to:
1. Ancestral domain

4. Equal protection

2. Self-governance

5. Non-discrimination

3. Empowerment

6. Cultural integrity

Sanctions
Punishable Offenses
As To Ancestral Lands/Domains
a) Unlawful or unauthorized intrusion into ancestral
domains/lands;
b) Misrepresentation in obtaining the free and prior
informed consent of ICCs/IPs;

c) Usurpation of real rights in property;

d) Forcible displacement or relocation of ICCs/IPs from their
ancestral lands/domains;
e) Pollution of the air and bodies of water within the ancestral
domain/land;

As To Employment
a) Exposure to hazardous working conditions;
b) Non-payment of salaries, wages and other work
benefits;
c) Violation of the freedom of association and trade
union activities;

d) Exploitation of child labor;

e) Sexual harassment; and
f) Other analogous circumstances

As To Cultural Integrity
a) Exploring, excavating or making diggings on
archeological sites of the ICCs/IPs for the purpose of
obtaining materials of cultural value without the free
and prior informed consent of the community
concerned; and
b) Defacing, removing or otherwise destroying artifacts
which are of great importance and significance to the
ICCs/IPs for the preservation of their cultural heritage.

Penalties
The indigenous cultural community or indigenous people
whose rights have been violated may penalize any
violator in accordance with their customary law, except:
a)Where the penalty is cruel, degrading or inhuman; or
b) Where the penalty is death or excessive fine

All sanctions are punishable by the following as provided

for in the Act.
a)Imprisonment for not less than nine (9) months but not
more than twelve (12) years;
b) Fine of not less than One Hundred Thousand Pesos
(P100,000.00) but not more than Five Hundred Thousand
Pesos (P500,000.00); or
c) Both such fine and imprisonment at the discretion of
the court.

In addition to the penalties referred to in the preceding

article, the following may be imposed:
a) For all violators, payment of damages suffered by the
ICCs/IPs as a consequence of the unlawful act;
b) For corporations or other juridical persons, cancellation
of their registration certificate or license; and
c) For public officials, perpetual disqualification to hold
public office.

Status Of Implementation
The implementation of RA 8371 at present is
considerted by some as in contrary to everyone's right
to enjoy the fruits of development.
Securing of Free and Prior Informed Consent (FPIC)
from the ICC/IP before undertaking any projects such
as transmission lines, irrigation, and others that will
surely benefit the community.
Thus, RA 8371 may hamper overall development.

Latest Jurisprudence
Saramaka People v. Suriname (2008)
In this case, the Court held that where private sector
developers have proposal for development in the
ancestral lands, they need to consider the FPIC from the
indigenous people. But in case of compelling public
interest, the State may seek access to and use
indigenous territories and resources therein.