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Republic Act 8371

The Salient Features of Indigenous Peoples Rights


Act (IPRA) of 1997
What is IPRA?

 isa legislation that recognize and


promote all the rights of Indigenous
Cultural Communities/Indigenous
Peoples of the Philippines.
FOUR BUNDLES OF RIGHTS

 I. RIGHTS TO ANCESTRAL DOMAINS


 II. RIGHT TO SELF-GOVERNANCE AND
EMPOWERMENT
 III. SOCIAL JUSTICE AND HUMAN
RIGHTS
 IV. CULTURAL INTEGRITY
Definition: Indigenous Peoples/Indigenous
Cultural Communities

refers to a group of people


identified by self-ascription or
ascription by other, who have
continuously lived as organized
community on communally
bounded and defined territory……
I. RIGHTS TO ANCESTRAL DOMAINS

Ancestral Domain- refer to all areas


generally belonging to ICCs/IPs
comprising lands,inland waters,
coastal areas, and natural resources
therein, held under a claim of
ownership, occupied or possessed by
ICCs/Ips….
SECTION 5. Indigenous Concept of
Ownership. — Indigenous concept of ownership
sustains the view that ancestral domains and all
resources found therein shall serve as the material
bases of their cultural integrity. The indigenous
concept of ownership generally holds that ancestral
domains are the ICC’s/IP’s private but community
property which belongs to all generations and
therefore cannot be sold, disposed or destroyed. It
likewise covers sustainable traditional resource rights.
FPIC

Plans, projects, programs and activities SUBJECT TO FPIC:

1. Extractive/ Intrusive/ Large Scale (EILS)

2. Non-Extractive/ Small Scale Activities


PRELIMINARY ACTIVITIES

2. 3. NCIP
Appropriate REGIONAL
1.
Regulatory OFFICE
Applicant
Agency

FBI
TEAM
5. Pre-FBI Failure to 5a. 2nd Pre-FBI
Conference appear Conference

6. Payment / Report Non -appearance


deposit of FBI / Non-payment of FBI Fee
Fee

RD orders suspension /cancellation


of the process with notice to
7. Conduct FBI, applicant
8. FBI Report OVERLAP? YES 9. RD to issue Work
Order to FPIC Team

NO
RD to issue CNO
with concurrence
from EC
FPIC Proper

A.FIRST COMMUNITY B. SECOND COMMUNITY


ASSEMBLY ASSEMBLY

C. CONSENSUS-
BUILDING
PERIOD
FPIC PROPER

D. NEGOTIATION OF THE FPIC Report Endorsement


TERMS OF THE MOA /MOA of report to
to RD for RRT the ADO
Review

MOA to be
reviewed by
E. VALIDATION ASSEMBLY LAO

CEB Deliberation
MOA SIGNING

Applicant to post
Bond

Consensus not Issue Reso of Non-


favorable Request for
Consent with
reconsideration,
Notice to applicant
FPIC PROPER: Non-Extractive / SS
1st Consensus- Decision
Meetin Building Meeting
g Period

Inform
proponent MOA signing /
FPIC Report Resolution of Issuance of RC
Cc: Eth. Com /
to RD Non-consent
ADO

FPIC Report to RD
Request for Recon RD to direct TL to with the MOA & RC
to ICC through RD serve copies to ICC

RD to issue CP and
transmit the same
with FPIC report to
Chairperson for Eth. Com.
EC for concurrence,
Applicant confirmation for
copy furnished ADO
concurrence
cc: ADO
Projects, Programs and Activities subject to
Validation Process

1. Community solicited or initiated activities


2. PPA undertaken by NCIP by itself or in cooperation with other government
agencies and LGU projects
3. Foreign Funded projects undertaken in cooperation with NCIP
4. Exercise of traditional resource use rights
VALIDATION FLOW CHART

RD to return
POSITIVE the docs to
NO
RD to Report? applicant
constitute a /petitioner
team of 3

YES
members

RD to issue CP with
Team to concurrence by the
conduct EC
Validation

Submit report Confirmation


Endorsed to ADO
within 10 days by the
Chairperson
PPA EXEMPT FROM FPIC

 In response to emergency situation


involving public health, security or safety
I. RIGHTS TO ANCESTRAL DOMAINS

 1. Right of Ownership
 2. Right to Develop Lands and Natural Resources
 3. Right to Stay in the Territories
 4. Right in Case of Displacement
 5. Right to Regulate Entry of Migrants
 6. Right to Safe and Clean Air and Water
 7. Right to Resolve Conflict
I. RIGHTS TO ANCESTRAL DOMAINS

1. Right of Ownership


Question: Basis of ownership?

Ans: Native Title


I. RIGHTS TO ANCESTRAL DOMAINS

2.Right to Develop Lands


and Natural Resources
I. RIGHTS TO ANCESTRAL DOMAINS

3. Right to Stay in the


Territories
I. RIGHTS TO ANCESTRAL DOMAINS

4. Right in Case of


Displacement
I. RIGHTS TO ANCESTRAL DOMAINS

5. Right to Regulate Entry of


Migrants
I. RIGHTS TO ANCESTRAL DOMAINS

6. Right to Safe and Clean


Air and Water
I. RIGHTS TO ANCESTRAL DOMAINS

7. Right to Resolve Conflict


II. RIGHT TO SELF-GOVERNANCE AND
EMPOWERMENT
 1. Self- Governance

 2. Justice System, Conflict Resolution Institutions and Peace


Building Processes

 3. Right to Participate in Decision-Making

 4. and Right to Determine Decide Priorities for Development


II. RIGHT TO SELF-GOVERNANCE AND
EMPOWERMENT

1. Self- Governance


II. RIGHT TO SELF-GOVERNANCE AND
EMPOWERMENT

2. Justice System, Conflict


Resolution Institutions
and Peace Building
Processes
II. RIGHT TO SELF-GOVERNANCE AND
EMPOWERMENT

3. Right to Participate in


Decision-Making
II. RIGHT TO SELF-GOVERNANCE AND
EMPOWERMENT

4.Right to Determine and


Decide Priorities for
Development
III. SOCIAL JUSTICE AND HUMAN
RIGHTS
 1. Equal Protection and Non-Discrimination of
ICCs/Ips

 2. Rights during Armed Conflict

 3. Freedom from Discrimination and Right to


Equal Opportunity and Treatment
III. SOCIAL JUSTICE AND HUMAN
RIGHTS

1. Equal Protection and Non-


Discrimination of
ICCs/Ips
III. SOCIAL JUSTICE AND HUMAN
RIGHTS

 2. Rights during Armed


Conflict
 3. Freedom from
Discrimination and Right
to Equal Opportunity and
Treatment
IV. CULTURAL INTEGRITY

 1. Protection of Indigenous Culture, Tradition and


Institutions
 2. Educational System
 3. Recognition of Cultural Diversity
 4. Community Intellectual Rights
 5. Rights to Religious, Cultural Sites and Ceremonies
 6. Rights to IKSPs and to Develop Own Science and
Technologies
 7. Access to Biological and Genetic Resources
IV. CULTURAL INTEGRITY

1. Protection of Indigenous


Culture, Tradition and
Institutions
IV. CULTURAL INTEGRITY

2. Educational System


IV. CULTURAL INTEGRITY

3. Recognition of Cultural


Diversity
IV. CULTURAL INTEGRITY

4. Community Intellectual


Rights
IV. CULTURAL INTEGRITY

5. Rights to Religious,


Cultural Sites and
Ceremonies
IV. CULTURAL INTEGRITY

6. Rights to Indigenous


Knowledge Systems and Practices
and to Develop Own Science and
Technologies
IV. CULTURAL INTEGRITY

7.Access to Biological and


Genetic Resources
Responsibilities of ICCs/IPs to their
Ancestral Domains

a. Maintain Ecological


Balance
b. Restore Denuded Areas
c. Observe laws
Indigenous Peoples
Mandatory
Representative (IPMR
Agusan Del Sur

Municipal IPMR: 8/14 or 57.1%

Barangay IPMR: 94/314 or 29.9%


Agusan del Norte

Municipal IPMR: 5/12 or 41.6%

Barangay IPMR: 7/166 or 4.2%


Surigao Del Sur

Municipal IPMR: 13/18 or 72.2%

Barangay IPMR: 73/309 or 23.6%


Surigao Del Norte

Municipal IPMR: 2/21 or 9.5%

Barangay IPMR: 1/335 or 0.2%


Challenges

 1. Their respective local Guidelines (Confederation)


 2. Lack of applicants
 3. Disqualified Applicants
 4. No allotted salaries for IPMRs
 5. Additional Requirements from LGU (Oath aking
 6. Trainings/Capacity to legislate
 7. Lack of LGU support to IPMR’s proposed projects

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