IPRA LAW (RA 8371)

It is declared policy of the State to recognize,respect, promote and protect all the rights ofIndigenous Cultural Communities/IndigenousPeoples (ICCs/IPs) within the Framework of theConstitution and national unity anddevelopment. These rights encompass the four(4) bundles of rights as embodied in the RepublicAct 8371, otherwise known as the IndigenousPeople’s Right Act (IPRA) of 1997, namely:

Right to Ancestral DomainsRight to Self-Governance and

EmpowermentRight to Social JusticeRight to Cultural Integrity

THE FOUR BUNDLES OF RIGHT

KEY AREAS

Understanding Indigenousness in the Philippine Setting

DENR’s DAO 2 of 1993 • Section 3. Definitionof Terms1. Indigenous Cultural Communities - ahomogenous society identified by self-ascription and ascription by others, who havecontinuously lived as community oncommunally bounded and defined territory,sharing common bonds of language,customs, traditions and other distinctivecultural traits, and who, through resistanceto the political, social and cultural inroads ofcolonization, became historicallydifferentiated from the majority of Filipinos.

Indigeniety: Legal Framework

1. Philippine Commission (1900-1910)

2. Commission on National Integration (1957)

3. 1973 Constitution

4. 1987 Constitution

5. DENR DAO 2 of 1993

6. IPRA 1997 (RA8371)

General Provisions, Sec. 11. The State shall consider the customs traditions, beliefs, and interests of national cultural communities in the formulation and implementation of state policies. (1973 Constitution)

Article II, Declaration of Principles and State Policies, State Policies. Section 22. The State recognizes and promotes the rights of indigenous cultural communities within the framework of national unity and development. (1987 Constitution)

THE BASIC PRINCIPLES AND CONCEPTS

Self-Governance and Self Determination

The State Recognizes ICC/IP rights to self-governance. These include right s to invokecustomary laws, indigenous knowledge systemsand practices (IKPs), and Indigenous PoliticalStructure (IPs) by virtue of which they are ableto exercise and assert the four bundles ofrights.

KEY AREAS

THE BASIC PRINCIPLES AND CONCEPTS

Self-Delineation

Is the guiding principle in the identification anddelineation of ancestral domains.

Ex. The issuance of the Certificate of AncestralDomain Title (CADT) and Certificate ofAncestral Land Title (CALT) represents theState’s formal recognition of the right topossession and ownership of identified anddelineated ancestral domains and ancestrallands)

KEY AREAS

THE BASIC PRINCIPLES AND CONCEPTS

Ancestral Domain

Is an encompassing term that includesland, waters and other natural resourcesoccupied, possessed, utilized anddevolved by customary law or inheritancesince time immemorial. These lands areprivate but communal in nature wherethe communal ownership extends to thefuture generation of ancestral domainsowners. The AD serve as the materialbases of ICC/IP cultural integrity.

KEY AREAS

THE BASIC PRINCIPLES AND CONCEPTS

Cultural Integrity

As embodied in the IPRA, culturalintegrity is the ICC/IP right to preserveand protect their culture, traditions andinstitutions. These includes right tocommunity intellectual rights, religiousand cultural sites and ceremonies,indigenous knowledge systems andpractices (IKSP), access to biological andgenetic resources

KEY AREAS

THE BASIC PRINCIPLES AND CONCEPTS

Customary Laws

Refer to the body of written and/orunwritten rules, usages, customs andpractices traditionally and continuallyrecognized, accepted and observed byrespective ICCs/IPs. These laws takeprimacy in cases involving ICCs/IPs andresolution of land conflicts in ancestraldomains. (Sec. 65 Chapter IX, IPRA)

KEY AREAS

THE BASIC PRINCIPLES AND CONCEPTS

Existing Property Rights Regimes

Property rights within the ancestraldomains already existing or vested priorto the effectivity of IPRA shall berecognized and respected (Sec. 56,Chapter VIII).

KEY AREAS

THE BASIC PRINCIPLES AND CONCEPTS

ParticipationAs a matter of policy, the State recognizes itsobligations to assure maximum ICC/IPparticipation in the direction of education,health and other services in order to renderpublic services more responsive to the needsand desires of ICCs/IPs. (Sec. 1 (f), Chapter 1IPRA). This includes ICC/IP participation inCLUP and other planning processes interritories where there are ancestral domainsand Indigenous Peoples

KEY AREAS

GENERAL OBJECTIVES AND OUTPUTS

Define Ancestral Domain Boundaries and Traditional Land uses and identify their intersections with lands covered by the CLUP

To assess the current situation of the LGU’s ancestraldomains, specifically, its natural resource base/assets,including biodiversity; condition of these assets; theircurrent and traditional uses and existing and potentialopportunities and threats to sustainable development.

GENERAL OBJECTIVES AND OUTPUTS

For ancestral domains without ADSDPP, to documentrelevant indigenous knowledge, systems and practices(IKSPs) on land use and zoning arrangements.

To document risks and vulnerabilities for climate changeadaptation, disaster risk management, and land useconflicts.

Assess ICC/IP needs, problems, concerns and opportunitiesfor sustainable development.

EXPECTED OUTPUTS

Map of the Ancestral Domains Boundary, reflecting assets, resources and traditional land uses, existing and proposed.

Summary table of the AD Assets with corresponding area/quantity.

Formulation and documentation of the ICC/IP development framework, vision and preferred spatial strategies and development thrust

Documentation of Indigenous knowledge systemsand practices (IKSP) in relation to land use and zoningarrangements.

Stakeholders analysis, ie, the identification ofinstitutions, organizations, population groups andsectors that have legitimate interests and declaredgoals and positions either as key stakeholders,primary stakeholders.

EXPECTED OUTPUTS

THEMATIC ARE ASSESSMENT GUIDE

Stakeholders Analysis

NCIP representativeIPS/IPO leaders or their designated representativesIP mandatory representative, if anyOther IP leaders and sectors nominated by the NCIP and or the IPSADSDPP Community Working Group, in ancestral domains where

there is an existing ADSDPP or where an ADSDPP process is on-going.

CLUP TWG

THEMATIC AREA ASSESSMENT SHALL INCLUDE

Ancestral Domains with ADSDPPsAncestral Domains without ADSDPPsAncestral Domains that straddle two or more Municipal/City

LGUs and/or across 2 provincesAncestral Domains that are included in existing FLUPsAncestral Domains that are excluded or do not yet form part of

existing FLUPs Ancestral Domains that do not have FLUP

COMPARATIVE LINKAGES OF CLUP, ADSDPP AND FLUP STEPS

INTERFACING CLUP WITH ADSDPP

Interfacing CLUP with ADSDPP and other plansmeans, juxtaposing planning frameworks,guidelines and procedures, agency and localgovernment mandates, composition of technicalworking groups and configuration of stakeholderparticipation. Interfacing enables identification ofintersections with which to define form andcontent of cooperation and complementation.

GUIDE FOR INTERFACING AND SENSITIZING CLUP TO ANCESTRAL DOMAINS AND FLUP

WHAT THE CLUP NEEDS TO KNOW AND CONSIDER ABOUT ANCESTRAL DOMAIN

1.Land Demarcation (Ancestral Domain Boundaries)2.Ancestral Domain Situationerie. Social, economic, political and environmental/ecological profiles, including conflict profile- IKSPs relevant to land use planning and zoning arrangements- IP/AD policies and mechanisms applicable to land use and zoning arrangements and enforcement

3. Physical/Spatial Data

a. Boundary Maps (NCIP, IPS/IPO and otherstakeholders should coordinated for the conduct ofthe perimeters survey. The CLUP TWG can alsoprovide support for ICC/IP community Mapping andits susceptibility to hazards

-Thematic Maps Needed

-RESOURCE ASSESSMENT

Aimed at determining the quantity, qualityand location of natural assets using valuationcriteria such as economic, cultural and socialvalues, biodiversity conservation and use, andecological services. The assessment shouldalso consider the effects of climate changesand disaster risks and correspondingly, thefunction of assets management in climatechange adaptation and disaster risk reductions

KEY QUESTIONS FOR QUALITATIVE ASSESSMENT

What are the available resources in the Ancestral Domain?What is your general observation about the condition of

these resources in the last 10-20 years?Have there been changes in the amount and quality of these

resources?What are the possible causes of these changes

4. INDIGENOUS KNOWLEDGE SYSTEMS AND PRACTICES

4. ICC/IP Development Framework

It contains the vision, mission and aspirations,priority development thrust, preferred strategiesof the ICC/IP communities and priority programsand projects.

FACILITATE A SMALL GROUP DISCUSSION ON IP DEVELOPMENT FRAMEWORK

1.Review of the resource assessment and land resource use map2.Examine existing land use and preferred spatial strategies for the

future land use changes3.Overlay the proposed land use changes on the AD Map4.IPs leads in the internal legitimization of the proposed land use

change using customary procedures.5.CLUP TWG adopts the validated IP/AD development framework

and preferred spatial strategies as relevant reference in the CLUP preparation.

5. INSTITUTIONAL ASSESSMENT

Aims to examine existing and future programsand projects of relevant government agencies,local government units and NGOs that will serveas opportunities for ICC/IP communities. Thedata can be generated through various ways suchas consultations, roundtable discussions, focusgroup discussions, key informant interviews or asimple survey.

KEY QUESTIONS

1.What are the current projects that can supportADSDPP implementation and/or the needs of ICC/IPcommunities?

2.Do they have regular budget for these projects orother activities that can support ADSDPP activitiesand/or the needs of ICC/IP communities?

3.Are there mechanisms by which ICC/IP communitiescan engage these institutions to avail assistance?

CONSOLIDATE THE DATA