THE INDIGENOUS PEOPLES

RIGHTS ACT OF 1997

Bullecer
Valdez
OUTLINE

BRIEF BACKGROUND

LEGAL FRAMEWORK

IPRA (INDIGENOUS PEOPLES RIGHTS ACT)

RIGHTS UNDER IPRA

THE NCIP (NATIONAL COMMISSION FOR THE INDIGENOUS PEOPLES)

THE STATUS AND IMPLEMENTATION OF IPRA

THE PHILIPPINES

More than 100 ethno-linguistic

groups
Aetas
Mangyans
Palawan groups
Lumads
Igorots
Caraballo groups
Dumagats
Ati & Tumandok
IP`S BY THE NUMBERS

Mindanao; 61%
10-15% of the total
population of the Philippines Estimated 12-15 million
(92.34million) Luzon; 33%

Visayas; 6%
LEGAL FRAMEWORK

Section 22, Article II: The State recognizes and promotes the rights of
indigenous cultural communities within the framework of national unity
and development. -1987 Constitution
Article I: Indigenous peoples have the right to the full enjoyment, as a
collective or as individuals, of all human rights and fundamental freedoms
as recognized in the Charter of the United Nations, the Universal
Declaration of Human Rights 4 and international human rights law.

Case: Cruz vs. Secretary of Environment and Natural Resources

Cruz vs. Secretary of DENR
(GR. No. 135385, Dec. 6, 2000)

There is nothing in the law that grants to the ICCs/IPs

ownership over the natural resources within their ancestral
domain. What is granted is the right to the small scale utilization
of these resources, and at the same time, a priority in their large
scale development and exploitation.
Ancestral lands and ancestral domains are not part of the lands
of the public domain. They are private lands and belong to the
ICCs/IPs by native title, which is a concept of private land title
that existed irrespective of any royal grant from the State.
 Indigenous People

Group of people identified by self-ascription and

ascription by others
Who have continuously lived as organized
community on communally bounded and defined
territory
And who have, under claims of ownership since
time immemorial, occupied, possessed and
utilized such territories
Sharing common bonds of language, customs,
and traditions
POLICY

The State shall recognize and

promote all the rights of Indigenous
Peoples (IPs) within the framework
of national unity and development
to ensure their economic, social
and cultural well being.
Ancestral Domain

All areas generally belonging to IPs comprising lands, inland waters,

coastal areas, and natural resources therein, held under a claim of
ownership, occupied or possessed by IPs, since time immemorial,
continuously to the present, and which are necessary to ensure their
economic, social and cultural welfare.
CADT and CALT

Refers to a title formally recognizing the rights of possession and

ownership of IPs over their ancestral domains identified and
delineated in accordance with this law.
These titles are based on Native Title, referring to pre-conquest
rights to lands and domains which, as far back as memory reaches,
have been held under a claim of private ownership by ICCs/IPs.
CADT and CALT may only be transferred or conveyed under certain
circumstances
Free and Prior Informed Consent

The consensus of all members of the IPs to be determined in

accordance with their customary laws and practices,

Free from any external manipulation, interference and coercion,

And obtained after fully disclosing the intent and scope of activity,
in a language and process understandable to the community
FOUR MAJOR RIGHTS UNDER IPRA

1. Right to Ancestral Domain and Land

2. Right to Self-Governance and Empowerment
3. Right to Social Justice and Human Rights
4. Right to Cultural Integrity
The National Commission on
Indigenous Peoples (NCIP)

The primary implementing agency of IPRA

It has 7 Commissioners appointed by the President one for each
ethnographic regions
NCIP exercises administrative, quasi-legislative & quasi-judicial
functions/powers
NCIP Powers and Functions

formulates and implement

policies, plans, programs and
serves as the primary issues ancestral land/domain
projects for the economic,
government agency titles
social and cultural
development
 Process

Issuance of
Report of
Certificate
Petition for Delineation Preparation investigation Notice and Endorsement
of Ancestral
delineation proper of maps and other publication to NCIP
Domain Title
documents
(CADT)
Challenges

No official, reliable baseline information on the poverty profile

and gender disaggregated data of the IP population
Unstable policy environment and insufficient enabling conditions
for genuine implementation of IPRA
Need to increase awareness on, and recognition of, traditional
socio-political institutions and structures and customary laws for
civil peace building
Strengthening of institutional and human resource capacities of
NCIP to fulfill its mandate are not fully addressed
Challenges

Absence of gender perspective on program and policy planning and

development
Limited participation of IP women in traditional and formal
political institutions
Economic marginalization, political subordination and multiple
burden among IP women
Prevalence of abuse and violence against women (VAW) in most IP
communities