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Republic of the Philippines OFFICE OF THE PRESIDENT NATIONAL COMMISSION ON INDIGENOUS PEOPLES

LAND is LIFE

Republic Act 8371 Indigenous Peoples Rights Act The IPRA was signed into law on October 29, 1997 by then President Fidel V. Ramos Landmark legislation to: - Correct Historical Injustice - Enforce Constitutional Mandates - Observe International Norms

Four Basic Rights of ICCs/IPs (under IPRA Sec. 7-37)


Right to Ancestral Domains and Lands Right to Self-Governance and Empowerment Right to Social Justice and Human Rights Right to Cultural Integrity

NCIP Mandate
Sec.39 (IPRA) The NCIP shall protect and promote the interest and well being of indigenous people with due regard to their: beliefs; customs; traditions; and institutions. (IPRA-IRR)

VISION
As enabling partner and lead advocate, the NCIP envisions genuinely empowered ICCs/IPs whose rights and multi-dimensional well-being are fully recognized, respected and promoted towards the attainment of national unity and development.

MISSION
The NCIP is the primary government agency that formulates and implements policies, plans and programs for the recognition, promotion and protection of the rights and well-being of ICCs/IPs with due regard to their ancestral domain and lands, self-governance and empowerment, social justice and human rights, and cultural integrity.

Indigenous Peoples
Indigenous Peoples refer to Filipinos who have continuously lived as organized communities in defined territories (ancestral domains) since time immemorial, and they have retained some or all of their own social, economic, cultural and political institutions IPs include those who may have been displaced from their domains or may have resettled outside their ancestral domains

Major Functions
Quasi Judicial power to construe/interpret IPRA and its IRR as applied to cases brought before it reviewable by the Court of Appeals, Supreme Court including titling of Ancestral Lands and Ancestral Domains Quasi-Legislative The promulgation of rules/guidelines for the efficient implementation of RA 8371 Administrative and Executive - Implementation/Operationalization of the Law

CORDILLERA & REGION I Bontoc; Balangao, Isneg, Tinggian,, Kankanaey Kalanguya, Karao, lbaloi, Ayangan, lfugao, Tuwali, Kalinga, Bago, Applai ISlAND GROUPS AND REST OF VISAYAS Agutaynon, Tagbanua, Cagayanen, Tao't Bato, Batak, Palawanon Molbog, Iraya Mangyan, Hanunuo Mangyan, Alangan Mangyan, Buhid Mangyan, Tadyawan Mangyan, Batangan Mangyan, Gubatnon Mangyan, Ratagnon Mangyan, Ati, Cuyunon, Ati, Mangyan-Tagabukid Sulod/Bukidnon, Magahat Korolanos, Ata, Bukidnon, Escaya, Badjao, Kongking NORTHERN & WESTERN MINDANAO Manobo, Subanen, Arumanen Manobo, Arakan Manobo, Teduray, Dibabawon, Banwaon, Bagobo, Ubo Manobo, Tagakaolo, Talaingod,, Langilan, Mamanwa, Higaonon, Blaan, T'boli, Kalagan, Tagabawa, Manobo Blit, Matigsalog, Tigwahanon, Tagabawa, Sangil

REGION II Agta, Kalanguya, Bugkalot, Isinai, Gaddang , Aggay , Dumagat , lbanag, Itawis, lvatan

REGION III and REST OF LUZON Aeta, Negrito. Baluga, Pugot, Abell ing, Agta, Dumagat, Remontado, Bugkalot, Cimaron, Kabihug, Tabangnon, Abiyan, (Aeta), Isarog, ltom
SOUTHERN & EASTERN MINDANAO Manobo, Mandaya, Mansaka, Dibabawon, Banwaon. Bagobo, Ubo Manobo, Tagakaolo, Talaingod, Langilan, Mamanwa, Higaonon, Blaan, T'boli, Kalagan, Tagabawa, Mangguangan, Tigwahanon, Sangil, Agusan Manobo

110 ETHNOLINGUISTIC GROUPS 7 .7 M HAS. (25.84%) 14,184,645 IP POPULATION (16%) Luzon: 4,822,779 (34%) Visayas: 425,540 (3%) Mindanao: 8,936,326 (63%)

CENTRAL MINDANAO Aromanon, Tiruray, Bagobo, Ubo Manobo, Higaonon, Subanen, Maguindanao, Maranao, Iranon, Karintik Blaan Lambangian

Oriental Mindoro MANGYAN: Hanunuo, Alangan, Iraya, Buhid Tau-buid,, Tadyawan, Ratagnon, Bangon

Rizal Dumagat/ Remontado

Occidental Mindoro MANGYAN: Hanunuo, Alangan, Iraya, Buhid, Tau-buid, Tadyawan

Quezon Dumagat/ Remontado. Agta

Romblon Mangyan Tagabukid Bantoanon, Ati Palawan Tagbanua, Palawano, Batak, Taot-bato, Molbog, Cuyunen, Agutaynen,

PROGRAMS
I. Land Tenure Security
Survey and Delineation of Ancestral Domains Issuance of CADT/CALT and Registration of CADTs/CALTs

II. Establishing Model AD Communities through Development and Peace

Development of Ancestral Domains through the Ancestral Domains Sustainable Development Protection Plan (ADSDPP) Development of People and Communities through: - Coordination in the delivery of Basic Services, especially Livelihood Support, Health Care, Relief and Rehabilitation in case of Disaster and Calamities Educational Assistance Bridging International Agencies Support Services Protection and Enhancement of the Cultural Heritage of the Indigenous Peoples Cultural Mapping of all IP Communities

III.

Enforcement of Human Rights and Empowerment of IPs

Assistance in the Resolution of conflicts thru Custom Laws and Tradition and Practices NCIP Adjudicatory Processes Facilitation in Obtaining the Free and Prior Informed Consent of IPs where needed Legal Assistance involving Community Interest Constitution of Consultative Body Quick Response Mechanism to Address Emergency Cases

RIGHTS TO ANCESTRAL DOMAIN

Right 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 Right to safe and clean air and water Right to claim parts of reservations Right to resolve conflict Right to ancestral lands Right to transfer land/property Right to redemption

All areas generally belonging to ICCs/IPs Held under a claim of ownership, occupied and possessed by ICCs/IPs By themselves or through their ancestors communally or individually since time immemorial Continuously to the present Necessary to ensure their economic, social and cultural welfare

Ancestral Domain Defined


IT INCLUDES:

Ancestral lands Forests Pasture Residential Agricultural Hunting grounds Burial grounds Worship areas Bodies of water Mineral & other natural resources

Ancestral Land Defined


Land occupied, possessed and utilized by individuals, families and clans who are members of the ICC/IP since time immemorial By themselves or through their predecessors-in-interest Under claims of individual or traditional group ownership Continuously up to the present
Except when interrupted by: War Force majeure or displacement by force Deceit Stealth As a consequence of govt projects and other voluntary dealings between govt & private individuals/corporations

Responsibilities of ICCs/IPs
To preserve, restore and maintain a balanced ecology in the ancestral domain by protecting the flora and fauna, watershed areas, and other reserves

Maintain Ecological Balance.

Restore Denuded Forests.

To actively initiate, undertake and participate in the reforestation of denuded areas and other development programs and projects subject to just and reasonable remuneration

To observe and comply with the provisions of this Act and the rules and regulations for its effective implementation

Observe Laws.

RIGHT TO SELF-GOVERNANCE AND EMPOWERMENT


Self-governance and self-determination Justice system, conflict resolution institutions, and peace building processes Participation in decision-making Determine and decide priorities for development Tribal barangays

SOCIAL JUSTICE AND HUMAN RIGHTS

( Chapter V of IPRA)

Equal protection and non-discrimination of ICCs/IPs ( Sec 21) Rights during armed conflict ( Sec 22) Right to equal opportunity and treatment ( Sec 23) Discrimination against ICCs/IPs on the terms and conditions of employment and denial of benefits (Sec 24) Basic services (Sec 25) Equal rights for women ( Sec 26) Children and Youth ( Sec 27)

CULTURAL INTEGRITY
Protection of indigenous culture, traditions and institutions Educational systems Recognition of cultural diversity Community Intellectual Rights Rights to cultural sites and ceremonies Rights to Indigenous Knowledge Systems and Practices (IKSP) Access to biological and genetic resources Sustainable agro-technical development Right to receive from the national govt funds for archeological and historical sites

SUSTAINABLE DEVELOPMENT
The consolidation of plans by the ICCs/IPs within their ancestral domain for the sustainable utilization, management and development of their land and natural resources as well as the development of human and cultural resources based on their indigenous knowledge, systems and practices thru the formulation of ADSDPP

THE ROLES OF NCIP TOWARDS SUSTAINABLE DEVELOPMENT


Provide information and assist the concerned ICCs/IPs in tapping resources and access basic services from government agencies and other support groups; Ensure that the ICCs/IPs duties and responsibilities to their ancestral domains is included in their sustainable plans, programs and activities

Cont.

Recognize, respect and protect the rights of the indigenous peoples Preserve and develop their cultures, tradition and institutions

Cont.

Towards these ends, the State shall institute and establish the necessary mechanisms to enforce and guarantee the realization of these rights, taking into consideration their customs, traditions, values, beliefs, interests and institutions, and to adopt and implement measures to protect their right to their AD

INITIATIVES & ACHIEVEMENTS


Awarding of CADTs Delineation and Titling of Ads Formulation of ADSDPP in coordination with all stakeholders Facilitate access on the delivery of basic services Provide Educational assistance program in all levels to IP deserving students

CHALLENGES FACE IN THE IMPLEMENTATION OF PLANS


Budgetary constraints Enhancement of manpower and resources Harmonization of laws/statutes.

WAYS FORWARD
Strengthen collaboration with GAs, NGOs, POs, donor agencies and stakeholders. Strengthen indigenous political structure Recognize indigenous peoples representation in the local government

MAGAYENG ALDAW KA NIMYONG MSA!

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