IPRA Report

8/14/2019 IPRA Report

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.EPUBLIC ACT NO 8371.EPUBLIC ACT NO 8371


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E, CREATING A NATIONAL COMMISSION OF INDIGEN


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S PEOPLES RIGHT


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The State shall recognize and promotethe rights of ICCs/IPs within theframework of national unity anddevelopment;

The State shall protect the rights ofICCs/IPs to their ancestral domains toensure their economic, social andcultural well being and shall recognizethe applicability of customary lawsgoverning property rights or relations indetermining the ownership and extent

of ancestral domain;

Declaration of StateDeclaration of StatePoliciesPolicies


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The State shall recognize, respect andprotect the rights of ICCs/IPs to preserve

and develop their cultures, traditionsand institutions. It shall consider theserights in the formulation of national lawsand policies;

The State shall guarantee that membersof the ICCs/IPs regardless of sex, shallequally enjoy the full measure of human

rights and freedoms without distinctionsor discriminations;


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The State shall take measures, with theparticipation of the ICCs/IPs concerned, to

protect their rights and guarantee respectfor their cultural integrity, and to ensurethat members of the ICCs/IPs benefit on anequal footing from the rights andopportunities which national laws andregulations grant to other members of thepopulation and

The State recognizes its obligations torespond to the strong expression of the

ICCs/IPs for cultural integrity by assuringmaximum ICC/IP participation in thedirection of education, health, as well asother services of ICCs/IPs, in order to render

such services more responsive to the needsand desires of these communities.


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IGHTS TO ANCESTRAL DOMAINS


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Ancestral lands/domains shall includesuch concepts of territories which cover

not only the physical environment but thetotal environment including the spiritual

and cultural bonds to the area which theICCs/IPs possess, occupy and use and to

which they have claims of ownership.

Concept of Ancestral Lands/Domains


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Indigenous concept of ownershipsustains the view that ancestral domainsand all resources found therein shallserve as the material bases of their

cultural integrity. The indigenous conceptof ownership generally holds thatancestral domains are the ICC's/IP'sprivate but community property which

belongs to all generations and thereforecannot be sold, disposed or destroyed. Itlikewise covers sustainable traditionalresource rights.

Indigenous Concept ofOwnership


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Rights of OwnershipRight to Develop Lands and Natural

Resources

Right to Stay in the 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 ReservationsRight to Resolve Conflict

Rights to AncestralDomains


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Rights to Ancestral Landsv

v

vRight to transferland/property

vRight toRedemption


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1.Maintain Ecological Balance

2.

3.Restore Denuded Areas

4.

5.Observe Laws

Responsibilities of ICCs/IPs to

their Ancestral Domains


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Unauthorized and unlawful intrusionupon, or use of any portion of the

ancestral domain, or any violation of therights herein before enumerated, shall be

punishable under this law

Unauthorized and Unlawful

Intrusion


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The rights of ICCs/IPs to theirancestral domains by virtue of NativeTitle shall be recognized and respected.

Formal recognition, when solicited byICCs/IPs concerned, shall be embodied ina Certificate of Ancestral Domain Title(CADT), which shall recognize the title of

the concerned ICCs/IPs over theterritories identified and delineated.

Recognition of Ancestral

Domain Rights


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-HT TO SELF GOVERNANCE AND EMPOWERME


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The State recognizes the inherent right ofICCs/IPs to self-governance and self-

determination and respects the integrityof their values, practices and institutions.

Consequently, the State shall guaranteethe right of ICCs/IPs to freely pursue their

economic, social and culturaldevelopment


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The State shall continue to strengthenand support the autonomous regionscreated under the Constitution as theymay require or need. The State shall

likewise encourage other ICCs/IPs notincluded or outside Muslim Mindanao andthe Cordillera to use the form and contentof their ways of life as may be compatible

with the fundamental rights defined inthe Constitution of the Republic of thePhilippines and other internationallyrecognized human rights

Support for AutonomousRegions

Justice System Conflict Resolution


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The ICCs/IPs shall have the right to usetheir own commonly accepted justicesystems, conflict resolution institutions,

peace building processes or mechanismsand other customary laws and practiceswithin their respective communities andas may be compatible with the nationallegal system and with internationallyrecognized human rights.

Justice System, Conflict ResolutionInstitutions and Peace Building

Processes


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ICCs/IPs have the right to participatefully, if they so choose, at all levels ofdecision-making in matters which mayaffect their rights, lives and destinies

through procedures determined by themas well as to maintain and develop theirown indigenous political structures.Consequently, the State shall ensure that

the ICCs/IPs shall be given mandatoryrepresentation in policy-making bodiesand other local legislative councils

Right to Participate in Decision-Making


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The ICCs/IPs shall have the right todetermine and decide their own prioritiesfor development affecting their lives,

beliefs, institutions, spiritual well-being,and the lands they own, occupy or use.They shall participate in the formulation,implementation and evaluation ofpolicies, plans and programs for national,regional and local development whichmay directly affect them.

Right to Determine and DecidePriorities for Development


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The ICCs/IPs living in contiguous areasor communities where they form thepredominant population but which arelocated in municipalities, provinces or

cities where they do not constitute themajority of the population, may form orconstitute a separate barangay inaccordance with the Local Government

Code on the creation of tribal barangays

Tribal Barangays


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The State shall recognize and respectthe role of independent ICCs/IPsorganizations to enable the ICCs/IPs to

pursue and protect their legitimate andcollective interests and aspirationsthrough peaceful and lawful means.

Role of PeoplesOrganizations


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The Government shall establish themeans for the full

development/empowerment of theICCs/IPs own institutions and initiativesand, where necessary, provide theresources needed therefor.

Means for Development

/Empowerment of ICCs/IPs.


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OCIAL JUSTICE AND HUMAN RIGHTS


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vThe State shall, accord to the members ofthe ICCs/IPs the rights, protections andprivileges enjoyed by the rest of thecitizenry. It shall extend to them the

same employment rights, opportunities,basic services, educational and otherrights and privileges available to everymember of the society.

vThe State shall ensure that thefundamental human rights and freedomsas enshrined in the Constitution andrelevant international instruments areguaranteed also to indigenous women.

Equal Protection and Non-discrimination of ICCs/IPs


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-Adopt special measures to ensurethe effective protection with regard to therecruitment and conditions of

employment of persons belonging tothese communities, to the extent thatthey are not effectively protected by thelaws applicable to workers in general.

-ICCs/IPs shall have the right toassociation and freedom for all tradeunion activities and the right to conclude

collective bargaining agreements withemployers' conditions. They shall likewisehave the right not to be subject toworking conditions hazardous to their

health, particularly through exposure to

Unla f l Acts Pertaining toUnlawful Acts Pertaining to


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It shall be unlawful for any person:a. To discriminate against any ICC/IP with

respect to the terms and conditions ofemployment on account of their descent.Equal remuneration shall be paid to ICC/IP

and non-ICC/IP for work of equal value;and

b. To deny any ICC/IP employee any right orbenefit herein provided for or to

discharge them for the purpose ofpreventing them from enjoying any of therights or benefits provided under this Act.

Unlawful Acts Pertaining toUnlawful Acts Pertaining toEmploymentEmployment


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Basic Services -The ICC/IP have the right to special

measures for the improvement of theireconomic and social conditions, includingin the areas of employment, vocationaltraining and retraining, housing,sanitation, health and social security. TheState shall guarantee the right of ICCs/IPsto government 's basic services whichshall include, but not limited to water andelectrical facilities, education, health and

infrastructure.


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Protection of Indigenous Culture, traditionsand institutions

-The state shall preserve and protectthe ICC/IPs culture, traditions andinstitutions.

Educational Systems

-The State shall provide equal accessto ICCs/IPs through the educationalsystem without prejudice to their right toestablish and control their educationalsystems and institutions by providingeducation in their own language, in amanner appropriate to their culturalmethods of teaching and learning.


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Recognition of Cultural Diversity -The State shall endeavor to have the

dignity and diversity of the cultures,traditions, histories and aspirations of theICCs/IPs appropriately reflected in allforms of education, public informationand cultural-educational exchange.

-The State shall likewise ensure theparticipation of appropriate indigenousleaders in schools, communities andinternational cooperative undertakingslike festivals, conferences, seminars andworkshops to promote and enhance theirdistinctive heritage and values.


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Community Intellectual Rights

-The State shall preserve, protectand develop the past, present and futuremanifestations of their cultures as well asthe right to the restitution of cultural,

intellectual, religious, and spiritualproperty taken without their free andprior informed consent or in violation oftheir laws, traditions and customs.


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Rights to Religious, Cultural Sites and

Ceremonies -ICCs/IPs shall have the right to

manifest, practice, develop teach theirspiritual and religious traditions, customs

and ceremonies; the right to maintain,protect and have access to their religiousand cultural sites; the right to use andcontrol of ceremonial object; and the right

to the repatriation of human remains.


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Accordingly, the State shall take effectivemeasures, in cooperation with the burial sites, be

preserved, respected and protected. To achieve thispurpose, it shall be unlawful to:

a. Explore, excavate or make diggings on

archeological sites of the ICCs/IPs for thepurpose of obtaining materials of culturalvalues without the free and priorinformed consent of the communityconcerned; and

b. Deface, remove or otherwise destroyartifacts which are of great importance tothe ICCs/IPs for the preservation of theircultural heritage.


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Right to Indigenous Knowledge Systems andPractices and to Develop own Sciences andTechnologies

-They shall have the right to specialmeasures to control, develop and protect theirsciences, technologies and cultural

manifestations, including human and othergenetic resources, seeds, including derivativesof these resources, traditional medicines andhealth practices, vital medicinal plants,animals and minerals, indigenous knowledge

systems and practices, knowledge of theproperties of fauna and flora, oral traditions,literature, designs, and visual and performingarts.


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Access to Biological and Genetic

Resources

Sustainable Agro-Technical Development

Funds for Archeological and HistoricalSites


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( )ATIONAL COMMISSION ON INDIGENOUS PEOPLES NCIP


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NCIP shall be the primary governmentagency responsible for the formulationand implementation of policies, plansand programs to promote and protectthe rights and well-being of the ICCs/IPsand the recognition of their ancestraldomains as well as their rights thereto.

It shall protect and promote the interestand well-being of the ICCs/IPs with dueregard to their beliefs, customs,traditions and institutions.

To issue certificate of ancestralland/domain title.


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LINEATION AND RECOGNITION OF ANCESTRAL DOMAILINEATION AND RECOGNITION OF ANCESTRAL DOMAI


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Self-delineation shall be guidingSelf-delineation shall be guidingprinciple in the identification andprinciple in the identification and

delineation of ancestraldelineation of ancestral

domains.domains.


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qAncestral Domains DelineatedPrior to this Act

q

qPetition for Delineationq

qDelineation Paper

1.

b.

Delineation Process


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1. Written accounts of the ICCs/IPs customs and

traditions;2. Written accounts of the ICCs/IPs political structure

and institution;3. Pictures showing long term occupation such as those

of old improvements, burial grounds, sacred placesand old villages;

4. Historical accounts, including pacts and agreementsconcerning boundaries entered into by the ICCs/IPsconcerned with other ICCs/IPs;

5. Survey plans and sketch maps;6. Anthropological data;7. Genealogical surveys;8. Pictures and descriptive histories of traditional

communal forests and hunting grounds;9. Pictures and descriptive histories of traditional

landmarks such as mountains, rivers, creeks, ridges,hills, terraces and the like; and

10. Write-ups of names and places derived from the

native dialect of the community.

qProof required


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Sec. 54. Fraudulent ClaimsSec. 55. Communal Rights

Sec. 56. Existing Property Rights RegimesSec. 57. Natural Resources within Ancestral

DomainsSec. 58. Environmental ConsiderationSec. 59. Certification PreconditionSec.60. Exemption from TaxesSec. 61. Temporary Requisition Powers

Sec. 62. Resolution of ConflictsSec. 63.Applicable LawsSec. 64. Remedial Measures


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Sec. 65. Primary of Customary Laws andPractices

Sec. 66.Jurisdiction of the NCIP --- over all claims and disputes

involving rights of ICCs/IPs.Sec. 67.Appeals to the Court of AppealsSec. 68. Execution of Decisions, Awards,

OrdersSec. 69. Quasi-Judicial Powers of the NCIP

Sec. 70. No restraining Order orPreliminary Injunction


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Sec. 72. Punishable Acts andApplicable Penalties

Sec. 73. Persons Subject toPunishment

PENALTIES

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