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R.A. No. 8371: Indigenous Peoples' Rights Act of 1997

The document discusses the Indigenous Peoples' Rights Act of 1997 in the Philippines which protects the rights of indigenous peoples. It notes that there are estimated 14-17 million indigenous peoples comprising 110 ethnic groups, mainly in Northern Luzon and Mindanao. The Act recognizes indigenous peoples' rights to ancestral domains, self-governance, social justice and human rights, and cultural integrity. It establishes certificates of ancestral domain title to recognize indigenous land rights.

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158 views19 pages

R.A. No. 8371: Indigenous Peoples' Rights Act of 1997

The document discusses the Indigenous Peoples' Rights Act of 1997 in the Philippines which protects the rights of indigenous peoples. It notes that there are estimated 14-17 million indigenous peoples comprising 110 ethnic groups, mainly in Northern Luzon and Mindanao. The Act recognizes indigenous peoples' rights to ancestral domains, self-governance, social justice and human rights, and cultural integrity. It establishes certificates of ancestral domain title to recognize indigenous land rights.

Uploaded by

Cass Catalo
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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R.A. No.

8371:
Indigenous Peoples
Rights Act of 1997
Brief
Background

The Philippines is a culturally


diverse country with an
estimated 14- 17 million
Indigenous Peoples (IPs)
belonging to 110 ethno-
linguistic groups. (As of 2013)
They are mainly concentrated in Northern Luzon (Cordillera
Administrative Region, 33%) and Mindanao (61%), with some
groups in the Visayas area.
They consist the 10-15% of the total population of the
Philippines

They are mainly concentrated in Northern Luzon (Cordillera


Administrative Region, 33%) and Mindanao (61%), with some groups
in the Visayas area

Mindanao
61%

Luzon
33%

Visayas
6%
Legal Framework

Philippine Constitution of 1987

Section 22, Article II: The State recognizes and promotes


the rights of indigenous cultural communities within the
framework of national unity and development.

Section 5, Article XII: The State, subject to the provisions


of this Constitution and national developmental policies
and programs, shall protect the rights of indigenous
cultural communities to their ancestral lands to ensure their
economi, social, and cultural well-being.
Section 17 of Article XIV: 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.
State Policies
a) The State shall recognize and promote the rights of ICCs/IPs
within the framework of national unity and development;

b) The State shall protect the rights of ICCs/IPs to their ancestral


domains to ensure their economic, social and cultural well being and
shall recognize the applicability of customary laws governing
property rights or relations in determining the ownership and extent of
ancestral domain;

c) The State shall recognize, respect and protect the rights of ICCs/IPs to
preserve and develop their cultures, traditions and institutions.
It shall consider these rights in the formulation of national laws
and policies;

d) The State shall guarantee that members of the ICCs/IPs regardless of


sex, shall equally enjoy the full measure of human rights and
freedoms without distinction or discrimination;
e) The State shall take measures, with the participation of
the ICCs/IPs concerned, to protect their rights and
guarantee respect for their cultural integrity, and to ensure
that members of the ICCs/IPs benefit on an equal
footing from the rights and opportunities which
national laws and regulations grant to other members of the
population; and
f) The State recognizes its obligations to respond to the
strong expression of the ICCs/IPs for cultural
integrity by assuring maximum ICC/IP participation in
the direction of education, health, as well as other services
of ICCs/IPs, in order to render such services more
responsive to the needs and desires of these communities.
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.
Group of people identified by
self-ascription and ascription by
Indigenous others
People
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
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
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.
Rights to Ancestral
Domain
Rights of Ownership
Right to Develop Lands and Natural Resources
Right to Stay in Territories
Right in Case of Displacement
Right to Regulate Entry of Migrants
Rights to Safe and Clean Air and Water
Right to Claim Parts of Reservations
Right to Resolve Conflict
CADT and CALT
Certificate of Ancestral Domain Title (CADT) and Certificate of
Ancestral Title (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
Self-
Governance
and
Empowerment
Right to use their
commonly accepted justice
system.
Right to participate fully
in decision - making
Right to determine and
decide priorities for
development
Right to form Tribal
Barangays
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. It shall extend to them the same
employment rights, opportunities, basic
services, educational and other rights and
privileges available to every member of
the society.
Cultural Integrity
The State shall respect, recognize and protect the right of
ICCs/IPs to preserve and protect their culture, traditions and
institutions.

Right to an educational Right to indigenous


system knowledge systems and
practices and to develop
Right to practice and own sciences and
revitalize their own technologies.
cultural traditions and
customs Right to access to biological
and genetic resources
Right to religious, cultural
sites, and ceremonies Right to a sustainable agro-
technological development.
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

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