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Republic Act No. 8371, known as the Indigenous Peoples' Rights Act of 1997, aims to recognize, protect, and promote the rights of Indigenous cultural communities in the Philippines. The act acknowledges the historical claims of Indigenous peoples to their ancestral domains and emphasizes their right to self-determination and cultural integrity. Despite its enactment, challenges such as land-grabbing and lack of access to basic services continue to affect Indigenous communities.

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16 views4 pages

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Republic Act No. 8371, known as the Indigenous Peoples' Rights Act of 1997, aims to recognize, protect, and promote the rights of Indigenous cultural communities in the Philippines. The act acknowledges the historical claims of Indigenous peoples to their ancestral domains and emphasizes their right to self-determination and cultural integrity. Despite its enactment, challenges such as land-grabbing and lack of access to basic services continue to affect Indigenous communities.

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Republic Act No. 8371 social justice and human rights, self-determination
- This act shall be known as “The Indigenous and
Peoples’ Rights Act of 1997” empowerment, and their cultural integrity”.

History Early beginnings  CIPRAD - or the Coalition for Indigenous


People's Rights and Ancestral Domains is an
• The case of Cariño vs. Insular in 1909 - the court alliance of Indigenous People's Organizations
has recognized long occupancy of land by an (IPOs) and non-government organizations
indigenous member of the cultural communities as (NGOs) created to pursue the advocacy for IP
one of private ownership, which, in legal concept, is rights and ancestral domains.
termed "native title".
• The Coalition is participated by IPOs in the
• The Second Public Land Act in 1919 – recognized Cordillera, Region I,
the right of ownership of any native of the country Nueva Vizcaya, Cagayan, Caraballo, Sierra Madre,
who, since July 4, 1907, Quezon, Aurora, Quirino, Nueva Ecija, Zambales,
or prior thereto, has continuously occupied and Pampanga, Bulacan, Mindoro
cultivated, either by himself or through his Occidental, Palawan, Panay, Davao, Cagayan,
predecessors-in-interest, a tract of agricultural public Cotabato and
land. Zamboanga.

• In 1936, Commonwealth Act No.141, amended by  IPRA, formerly known as Ancestral Domain Bill.
R.A. 3872 of 1964 - provides that members of the
national cultural minorities who have resided on • first filed in the Congress sometime in 1987 under
agricultural, public land since July 4, 1955, are the Senate Bill No. 909 authored by Senator
entitled to recognition of ownership whether or not Santanina Rasul, Senator Joseph Estrada and
the land has been certified as "disposable." Senator Alberto Romulo, during the 8
Th Congress, but was never enacted into law.
• Under Bureau of Forestry Administrative Order No.
11 of 1970 - all forest concessions were made • In the 9th Congress, Senator Rasul introduced
subject to the private rights of cultural minorities Senate Bill No. 1029 and Senator Gloria Macapagal-
within the area as evidenced by their occupation Arroyo introduced Senate Bill No. 1849. However,
existing at the time a license is issued by the the bill was never sponsored and deliberated upon
government. on the floor.

• The Revised Forestry Code of 1975 (Presidential - Decisions have been made during social
Decree 705) - defined this "private right" of as negotiations among NGOs and POs to rename the
"places of abode and worship, burial grounds and old bill from Ancestral Domain Bill to
clearings”. Indigenous Peoples Rights Act to emphasize the
holistic approach and character of the bill.
• Presidential Decree issued in 1974 - "declaring all
agricultural lands occupied and cultivated by  Seven non-negotiable points of the bill that were
members of the national Cultural Communities since promoted:
1964 as alienable and disposable, except the islands
of Panay and Negros and the provinces of Abra, 1. recognition of native title and rights of Indigenous
Quezon, Benguet and Camarines which became peoples (IPs) to ancestral domains
effective on March 11, 1984. 2. respect for the right to cultural integrity
3. recognition of indigenous peoples' political
structures and governance
• In 1978, the Presidential Arm for National Minorities 4. delivery of basic services to the indigenous
(PANAMIN) - was authorized to design, implement peoples
and maintain settlements among the National 5. respect for human rights
Minorities. 6. elimination of discrimination
7. creation of an office that would cater to IPs' needs
• In 1989, the Organic Act of Autonomous Region in
Muslim Mindanao (RA 6734) and the Organic Act for In 1996, during the 10th Congress, Senator Juan
the Cordillera Autonomous Region (RA 6766) – was Flavier sponsored Senate Bill no. 1728.
passed which recognizes the existence of ancestral
land right. • In his sponsorship speech, he discussed the legal
bases for the bill found in the 1987 Constitution.
 A more comprehensive law is needed that
"seeks to stop prejudice against indigenous • He also discussed the basic rights of Indigenous
people through recognition of certain rights over cultural communities (ICCs), the contents of the bill
their ancestral lands, and to live in accordance itself, and the immediate need of protection of the
recognize and protect the rights of the Filipino Indigenous
indigenous people not only to their ancestral People.
domain but to
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 President Fidel V. Ramos - signed it on October
22, 1997 officially making it Republic Act No.
8371 Indigenous People's Rights Act of 1997,
which aims to "Recognize, Protect and Promote
the Rights of Indigenous cultural
Communities/Indigenous Peoples (ICCs/IPS)
and for other Purposes.” and approved on
October 29, 1997.

 The landmark enactment of the IPRA signaled


two
paradigm shifts in the way government regarded
indigenous peoples.

• It challenged the notion that the state had a


monopoly
on the exercise of the law.

• The IPRA recognizes indigenous legal systems


which can be used for dispute resolution,
identification of the extent of ancestral domains, and
decisions on the exploitation of resources, among
others. It also recognizes their right to self-
determination.

• It abandoned the perception that indigenous


peoples
caused the degradation of forests.
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particular territory, their cultural and historical
distinctiveness from other populations.

 Who are Indigenous Peoples?

According to the IPRA Law,

"A group of people or homogeneous societies identified


by self-ascription and ascription by others, who have
continually lived as organized communities on
community 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, traditions, and other distinctive cultural traits,
or who have, through resistance political, inroads to
social, and cultural of colonization, nonindigenous
religions and cultures, become historically differentiated
from the majority of Filipinos..."

• A common characteristic of indigenous peoples is


their close attachment to ancestral land, territory and
resources. The world view that "land is life" is deeply
embedded in their existence.

 Indigenous peoples in the Philippines have


retained much of their traditional, pre-colonial
culture, social institutions and living practices.

 In general, they live in geographically isolated


areas with lack of access to basic social services
and few opportunities for major economic activities,
education or political participation.

- In contrast, commercially valuable natural resources


such as minerals, forests and rivers are found mainly in
their areas, which makes them continuously vulnerable
to aggression against development and land grabbing.

- Indigenous peoples communities are generally


situated in areas that are rich repositories of high
biodiversity. This is largely due to their sustainable
practices in natural resource management which have
conserved the natural wealth of the land.
CHAPTER VIII
*Myths about IP (look at notes)*
The remaining Chapters provide for procedures
for the enforcement of rights, an Ancestral
Domains Fund, penalties,and related matters.

Two decades of enactment, much remains to be

desired concerning the overall conditions of IPs

in the Philippines.

If "land is life to IPs", reports of land-grabbing, illegal


logging, and

 Indigenous Peoples in the Philippines

Who are Indigenous Peoples?

 Indigenous people, aboriginal people, or native


people, are groups protected in international or
national legislation as having a set of specific rights
based on their linguistic and historical ties to a

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