An overview

Dave De Vera
PAFID
2009
The
Philippines

Land Area: 33 M.
Hectares
Population: 92 Million
Indigenous Peoples in the
Philippines
110 Ethnolinguistic Groups
14 Million Population
 Indigenous
Peoples/Communities

 Continuously lived as a community in a

defined territory.
 Occupied,
possessed
and used
such
territories
with claims
of
ownership
since time
immemorial
.
 Share
common
bonds of
language,
customs,
traditions
and other
distinct
cultural
traits; and
 Became
historically
differentiated
from the majority
of Filipino
through
resistance to
political, social,
cultural inroads
of colonization,
non-indigenous
religions and
cultures.
What are the problems
that are faced by
Indigenous Communities
in the Philippines?
• Migrants and
rich people have
bought lands at
very low prices
from Indigenous
communities;
• Not aware of
their rights,
Indigenous
Peoples have
no choice but to
sell.
• Many of those
who resisted
• The Traditional Land of the Ati People has been
converted into a golf course for the rich without
compensation and approval from the people
 Their environment is being
destroyed because many
communities still they have no
Legal Framework

Traditional
(Customary
Rights ) of
Indigenous
Peoples over
their Ancestral
Lands are
recognized by
the 1987
Constitution of
 1987: Philippine
Constitution
• Section. 5
– The State shall
…..protect the rights of
Indigenous Cultural
Communities to their
ancestral lands…
• Sec. 17 Art. XIV
– The State shall
recognize, respect and
protect the rights of
ICCs to preserve and
develop their cultures
and traditions.
Legal Framework
• A National Law, the
Indigenous Peoples
Rights Act (IPRA)
entitles Indigenous
Peoples to secure
“legal” titles of
ownership over their
traditional lands and
territories
Legal Framework

What can be included in the

Ancestral Domain Titles?
Legal Framework
• The Ancestral Domain
Title includes all
farms, forests and
bodies of water
including the ocean
that have long been
part of the
community’s
traditional territory
 Identifying the Boundaries

• Communities
have the right
to define
where the
boundaries are
of the
communal
land/ancestral
domain.
Identifying
the Boundaries

• After a
consensus a
community
finalize the
boundaries of
the claim
 Mapping/Surveying

Indigenous
peoples land
Boundaries are
located and
marked
 The Title
• Once the claim is
validated, surveyed
and approved a
Original Certificate
of Title is issued.
 Registering the title

• The Communal Title held in trust by the community

elders is registered as a “Private Title” at the National
Land Registration Authority”
 Access to Land and Tenurial
Security
• It is estimated that there are
approximately 5-7 Million hectares of
Ancestral Domains in the country.
• 45 Certificate of Ancestral
DomainTitles (CADT’s) have been
issued covering 874,000+ hectares.
Ancestral Domain Titles have been secured
for both land and coastal waters of
The Tagbanua people of Coron Island
secured a title over their ancestral
Island including a part of the ocean
The Ikalahan in
Northern Philippines
people now have a
title covering 40,000
hectares w/c includes
sanctuary and spirit
forests
Communities and NGOs have been ab le to
document and map more than 1 Million
hectares of Traditional Lands
 What has been done

Land Tenure No. Area

Instrument

Community 37 144,000
Forest Mgt. hec.
Agreements

Recognition 125 2.5 Million

Certificate Hec.

Communal 45 874, 680

Title Hec.
• An averge of 4.4
titles/yr. were issued
since the passage of
IPRA
• There are 91 pending
CADT applications
• 49 Have not been
surveyed and
delineated
• It is estimated that
new application will
cover nearly 1.5 - 2
Million hectares more.
What are the problems
that affect the
implemention of the law
that recognizes
Customary Land Rights
in the Philipines?
The Indigenous
Communities represent 16%
of our population.

Yet only 2% of total land area

of the Phils. (30M hectares) is
legally recognized as Ancestral
Domains.

The lack of budget has

prevented the Government
from processing Ancestral
Contradictory Government
Policies in land utilization and
managment go against the
rights of Indigenous Peoples
over their land.
There are more than
1,450 applications for
mining operations in
the Philippines.

Commercial logging
and Agricultural
operations continue to
be allowed in the
uplands.

Most of these are in

the ancestral domains
of Indigenous Peoples
Aboriginal Mamanwa families
driven oof their land and now
living under a bridge in
Surigao, Southern Philippines.
Open pit mine
in Northern
Philippines
There very little support
and commitment within
the Government to fully
imlement the law
recognizing customary
land rights

The Government
agency assigned to
implement the law
receives onle about
$12.5M/year to funds
its operations
The process for applying for a
title is difficult and
cost of the
whole process
of titling is very
prohibitive for
many
communities.

Without the
help of support
groups many
communities Completed claim
can never afford books
Legal processes
of IPRA are
seen by some
communities as
undermining
traditional
leadership and
community
processes.
Challenges and
Opportunities for
Communities and
NGOs
Many Indigenous Communities still lose
their land.

What remains of the T’boli Village in Sinolon, South

Cotabato
• Community Organizing and capacity building
of communities should be sustained.
• mapping
and
documentati
on of
Indigenous
lands should
continue
To generate more support, initiatives for
the recognition of rights over customary
lands should be linked to other
advocacies such as the enviroenment
and human rights.

International covenants, agreements and

treaties should be utilized to pressure
Government to fully implement the law.

These could include the UN declaration

on Indigenous Peoples Rights, Durban
Accord, Convention on Biodersity and
Thank You
and Good
Morning!