Republic Act No. 8371: Indigenous Peoples Rights Act

• Republic Act No. 8371, also known as "The Indigenous Peoples Rights Act of 1997"
• An act to recognize, protect and promote the rights of Indigenous Cultural Communities/Indigenous Peoples.
• It creates a National Commission on Indigenous Peoples (NCIP) and establishes implementing mechanisms and appropriation of funds.

General Provisions

• The State recognizes and promotes the rights of ICCs/IPs within national unity and development.
• The State protects ICCs/IPs rights to their ancestral domains to ensure their economic, social, and cultural well-being.
• It recognizes customary laws governing property rights in determining ancestral domain ownership.
• The State recognizes, respects, and protects the rights of ICCs/IPs to preserve and develop their cultures, traditions, and institutions.
• The State guarantees all ICCs/IPs members, regardless of sex, equally enjoy human rights and freedoms without discrimination.
• The State will take measures, with ICCs/IPs participation, to protect their rights and cultural integrity.
• ICCs/IPs should benefit equally from rights and opportunities under national laws.
• The State recognizes obligations to respond to the ICCs/IPs' cultural integrity.
• It assures maximum ICC/IP participation in education, health, and other services to meet their needs.
• The State will institute mechanisms to enforce and guarantee these rights, considering customs, traditions, and institutions.

Definition of Terms

• Ancestral Domains refer to areas generally belonging to ICCs/IPs: lands, inland waters, coastal areas, and natural resources. -Held under claim of ownership, occupied/possessed since time immemorial, except when interrupted by external factors.
• Ancestral Lands are lands occupied, possessed, and utilized by ICCs/IPs individuals, families, and clans since time immemorial.
• Certificate of Ancestral Domain Title formally recognizes ICCs/IPs' rights over their ancestral domains.
• Certificate of Ancestral Lands Title formally recognizes ICCs/IPs' rights over their ancestral lands.
• Communal Claims are claims on land, resources, and rights belonging to the whole community.
• Customary Laws refer to written/unwritten rules, usages, customs, and practices recognized by ICCs/IPs.
• Free and Prior Informed Consent means consensus of all ICCs/IPs members, free from manipulation, obtained after disclosing activity's intent.
• Indigenous Cultural Communities/Indigenous Peoples are groups identified by self-ascription and by others, living as an organized community in defined territory. -They have claims of ownership since time immemorial, sharing language, customs, traditions, or have become historically differentiated.
• Indigenous Political Structures are organizational and cultural leadership systems for decision-making and participation, identified by ICCs/IPs.
• Individual Claims are claims on land and rights which have been devolved to individuals, families, and clans.
• National Commission on Indigenous Peoples (NCIP) is the primary government agency for recognizing, protecting, and promoting the rights of ICCs/IPs.
• Native Title refers to pre-conquest rights to lands held under private ownership by ICCs/IPs, never public lands, since before the Spanish Conquest.
• Nongovernment Organization refers to a private, nonprofit entity delivering services to ICCs/IPs with effectiveness and acceptability.
• People's Organization refers to a private, nonprofit group of ICC/IP members representative of such ICCs/IPs.
• Sustainable Traditional Resource Rights are the rights of ICCs/IPs to sustainably use, manage, protect, and conserve natural resources and areas of economic, ceremonial, and aesthetic value.
• Time Immemorial refers to a period when ICCs/IPs are known to have occupied, possessed, and utilized a defined territory as owners per customary law.

Rights to Ancestral Domains

• Ancestral lands/domains include the physical environment and spiritual/cultural connections to areas ICCs/IPs possess/occupy.
• Indigenous Concept of Ownership asserts ancestral domains serve as the material bases of cultural integrity; domain is private but community property for all generations.
• Ancestral lands and domains consist of areas generally belonging to ICCs/IPs as specified in Section 3, items (a) and (b) of the Act. Rights of Ownership:
• Claim ownership over traditionally occupied lands/waters, sacred places, hunting/fishing grounds, and improvements. Rights to Develop Lands and Natural Resources: Subject to Section 56, includes the right to develop, control, and use lands/territories, managing/conserving natural resources. Right to Stay in the Territories:
• Right to stay and not be removed; relocation requires free prior informed consent, only through eminent domain. Right in Case of Displacement:
• State endeavors to resettle displaced ICCs/IPs due to natural catastrophes in suitable areas with life support. Right to Regulate Entry of Migrants:
• Right to regulate the entry of migrant settlers and organizations. Right to Safe and Clean Air and Water:
• Access to integrated systems for managing inland waters and air space. Right to Claim Parts of Reservations:
• Right to claim parts of ancestral domains, except those for common/public welfare. Right to Resolve Conflict:
• Resolve land conflicts per customary laws; otherwise, complaints go to amicable settlement or courts. Rights to Ancestral Lands:
• Ownership and possession is recognized and protected. Right to transfer land/property:
• It shall include the right to transfer land or property rights to/among members of the same ICCs/IPs, subject to customary laws and traditions of the community concerned. Right to Redemption:
• If land transfer to a nonmember is tainted by vitiated consent or unconscionable price, the transferor ICC/IP can redeem it within 15 years.

Responsibilities of ICCs/IPs to their Ancestral Domains

• Maintain Ecological Balance by preserving, restoring, and maintaining a balanced ecology.
• Restore Denuded Areas to initiate reforestation and development programs with remuneration.
• Observe Laws and comply with the provisions of this Act and its rules.
• Unauthorized intrusion upon ancestral domains is punishable, the Government prevents non-ICCs/IPs from exploiting ICCs/IPs customs to secure land ownership.
• ICCs/IPs' rights to ancestral domains by virtue of Native Title are recognized; formal recognition is embodied in a Certificate of Ancestral Domain Title (CADT).
• Individual members can secure title to ancestral lands under Commonwealth Act 141/Land Registration Act 496 if in continuous possession since time immemorial.
• Individually-owned agricultural ancestral lands used for agriculture, residential, pasture, and tree farming are classified as alienable and disposable.
• The option to secure a land title must be exercised within 20 years from the Act's approval.

Right to Self-Governance and Empowerment

• The State recognizes ICCs/IPs' inherent right to self-governance, self-determination, and respects their values and institutions.
• The State guarantees ICCs/IPs' right to freely pursue economic, social, and cultural development.
• The State strengthens autonomous regions created under the Constitution.
• It encourages other ICCs/IPs outside Muslim Mindanao/Cordilleras to use compatible forms of life.
• ICCs/IPs can use their justice systems, conflict resolution methods, and customary laws within their communities as compatible with the national legal system.
• ICCs/IPs can fully participate in decision-making affecting their rights and lives.
• The State ensures ICCs/IPs are given mandatory representation in policy-making bodies and local legislative councils.
• ICCs/IPs can determine and decide their own development priorities affecting their lives, beliefs, and lands.
• They participate in formulating and implementing national, regional, and local development policies.
• ICCs/IPs in contiguous areas may form separate barangays per the Local Government Code.

Social Justice and Human Rights

• Consistent with the Constitution, the State accords ICCs/IPs rights, protections, and privileges enjoyed by other citizens, including employment rights, basic services, and education.
• Force or coercion against ICCs/IPs shall be dealt with by law.
• Fundamental human rights are guaranteed to indigenous women per international instruments.
• No provision in this Act diminishes women's rights and privileges under existing laws.
• ICCs/IPs have the right to special protection and security in armed conflict under international standards.
• Members should not be recruited into armed forces against their will for deployment against other ICCs/IPs; no recruiting children into armed forces; no forced abandonment of lands or relocation for military purposes under discriminatory conditions.
• ICCs/IPs are free from discrimination in recruitment and employment; they enjoy equal treatment, opportunities, safeguards, and information on rights under labor laws.
• The State adopts special measures to ensure effective protection regarding employment conditions, including fair labor practices.
• ICCs/IPs have the right to association and trade union activities, the right to collective bargaining, and protection from hazardous working conditions.
• Acts pertaining to employment that are unlawful:
• To discriminate against any ICC/IP with respect to the terms and conditions of employment on account of their descent. Equal remuneration shall be paid to ICC/IP and non-ICC/IP for work of equal value; and
• • To deny any ICC/IP employee any right or benefit herein provided for or to discharge them for the purpose of preventing them from enjoying any of the rights or benefits provided under this Act.
• ICCs/IPs have the right to special measures for improvement of economic and social conditions.
• The State guarantees basic services to ICCs/IPs including water, electricity, education, health, and infrastructure.
• ICC/IP women enjoy equal rights and opportunities; their participation in decision-making is respected.
• The State provides full access to education, maternal and child care, health, nutrition, and housing to indigenous women.
• The State recognizes children and youth of ICCs/IPs' vital role in nation-building.
• The State supports programs for their development and establishes mechanisms for protecting their rights.
• The State, through the NCIP, provides a complete and integrated system of education relevant to the needs of the children and young people of ICCs/ IPs.

Cultural Integrity

• The State respects, recognizes, and protects the right of ICCs/IPs to preserve their culture, traditions, and institutions.
• The State provides equal access to cultural opportunities through the educational system without prejudice to establishing and controlling their educational systems.
• The State endeavors to reflect the dignity and diversity of ICCs/IPs in education and public information.
• The State eliminates prejudice and promotes tolerance and good relations among all segments of society.
• The government ensures state-owned media reflect indigenous cultural diversity and ensures indigenous leaders' participation in cooperative undertakings.
• ICCs/IPs can practice and revitalize their cultural traditions.
• The State protects past, present, and future cultural manifestations and provides restitution of cultural, intellectual, religious, and spiritual property taken without consent.
• ICCs/IPs can practice their spiritual traditions, maintain religious sites, control ceremonial objects, and repatriate human remains.
• It is unlawful to explore or excavate archaeological sites without community consent or deface/destroy artifacts.
• ICCs/IPs are entitled to recognition, full ownership, and control of their cultural and intellectual rights, sciences, technologies, cultural manifestations, genetic resources, traditional medicines, knowledge, and arts.
• Access to biological and genetic resources and related indigenous knowledge needs free and prior informed consent.
• The State recognizes ICCs/IPs' right to sustainable agro-technological development and promotes systems among ICCs/IPs.
• The ICCs/ IPs shall have the right to receive from the national government all funds especially earmarked or allocated for the management and preservation of their archeological and historical sites and artifacts with the financial and technical support of the national government agencies.

National Commission on Indigenous Peoples (NCIP)

• To implement set policies, the NCIP is created as the primary government agency.
• NCIP is responsible for formulating and implementing policies, plans, and programs to promote and protect ICCs/IPs rights and well-being. Its mandate is to protect and promote the interest of ICCs/IPs with due regard to their beliefs, customs, traditions and institutions.
• The NCIP is an independent agency under the Office of the President that is composed of seven (7) Commissioners belonging to ICCs/IPs, one (1) of whom shall be the Chairperson.
• Qualifications for Chairperson and six (6) Commissioners include being natural-born Filipino citizens, bonafide ICCs/IPs members, experienced in ethnic affairs, and ten (10) years of experience with an ICC/IP community or government agency involved in ICC/IP.
• The term of office for each NCIP member is three (3) years, and can be re-appointed only once.
• The President may remove any NCIP member from office with cause, with compliance to the due process requirement of the law.
• Within the NCIP, the Ancestral Domains Office is responsible for the identification, delineation, and recognition of ancestral lands/domains.
• The Office on Policy, Planning and Researchis responsible for the formulation of appropriate policies and programs for ICCs/IPs such as, but not limited to, the development of a Five-Year Master Plan for the lCCs/IPs.
• The government ensures state-owned media reflect indigenous cultural diversity and ensures indigenous leaders' participation in cooperative undertakings.
• The NCIP assists community schools benefiting local indigenous communities and administers scholarship programs for ICC/IP beneficiaries. Office on Culture, Education and Health:
• Responsible for the effective implementation of ICC/IP education, cultural and health rights.
• Office on Socio-Economic Services and Special Concerns shall serve as the Office through which the NCIP shall coordinate with pertinent government agencies specially charged with the implementation of various basic socio-economic services, policies, plans and programs affecting the ICCs/IPs to ensure that the same are properly and directly enjoyed by them.
• Office of Empowerment and Human Rights shall ensure that indigenous sociopolitical, cultural and economic rights are respected and recognized.
• Administrative Office provides services pertaining to personnel, finance, records, equipment, security, and administers the Ancestral Domains Fund. There shall be a Legal Affairs Office which shall advice the NCIP on all legal matters concerning ICCs/IPs.
• There shall be a Legal Affairs Office which shall advice the NCIP on all legal matters concerning ICCs/IPs.
• The NCIP shall establish field offices in provinces with ICCs/IPs but no field offices.
• It shall create the Office of the Executive Director as its secretariat, headed by an Executive Director appointed by the President.
• A Consultative Body consisting of traditional leaders, elders, and representatives from the women and youth sectors of the different ICCs/IPs shall be constituted by the NCIP from time to time to advise it on matters relating to the problems, aspirations and interests of the ICCs/IPs.

Delineation and Recognition of Ancestral Domains

• Self-delineation is the guiding principle in identifying ancestral domains
• ICCs/IPs have a decisive role in the activities. The government guarantees the effective protection of lands traditionally occupied.
• The identification and delineation of ancestral domains shall be done in accordance with the following procedures:

Delineation Process

• The process does not apply to ancestral domains/lands already delineated according to DENR Administrative Order No. 2, series of 1993.
• ICCs/IPs can apply for CADT without going through the process outlined hereunder.
• The process of delineating a specific perimeter may be initiated by the NCIP with the consent of the ICC/IP concerned, or through a Petition for Delineation filed with the NCIP, by a majority of the members of the ICCs/IPs
• The official delineation of ancestral domain boundaries including census of all community members therein, shall be immediately undertaken by the Ancestral Domains Office.
• Delineation will be done in coordination with the community concerned and shall at all times include genuine involvement and participation by the members of the communities concerned.
• Proof of Ancestral Domain Claims shall include the testimony of elders or community under oath, and other documents. Written accounts of the ICCs/IPs customs and traditions, ICCs/IPs political structure and institution, pictures, historical accounts, survey plans and sketch maps, anthropological data, and genealogical surveys.
• The Ancestral Domains Office shall prepare a perimeter map, complete with technical descriptions, and a description of the natural features and landmarks.
• A complete copy of the preliminary census and a report of investigation, shall be prepared by the Ancestral Domains Office of the NCIP.
• A copy of each document, including a translation in the native language of the ICCs/IPs concerned shall be posted in a prominent placethenein15 days, Published in newspaper of general circulation once a week to allow other claimants to file within fifteen (15) days.
• Within fifteen (15) days from publication, the Ancestral Domains Office shall prepare a report to the NCIP endorsing a favorable action.
• If there are conflicting claims among ICCs/IPs on the boundaries of domains, the Ancestral Domains Office shall cause the contending parties to meet and assist them in coming up with a preliminary resolution of the conflict.
• The Chairperson of the NCIP shall certify Blat the area covered is an ancestral domain.
• The Secretaries of concerned government agencies shall be notified Thereof and shall terminate any legal basis for their jurisdiction previously claimed;
• ICCs/IPs whose ancestral domains have been officially delineated and determined by the NCIP shall be issued a CADT in the name of the community concerned.
• The NCIP shall register issued certificates of ancestral domain titles and certificates of ancestral lands tides before She Register of Deeds in the place where the property is situated.
• The allocation of lands within any ancestral domain to individual or indigenous corporate (family or clan) claimants shall be left to the ICCs/IPs concerned to decide in accordance with customs and traditions.

Other Provisions

• The NCIP must provide a certification before governmental agencies approve actions (like concessions, leases, licenses, or production-sharing agreements) that impact land.
• All lands certified as ancestral domains are exempt from real property taxes, special levies, except portion as are actually used.
• The NCIP is authorized to request DENR survey teams through a Memorandum of Agreement (MOA), to delineate ancestral domain perimeters.
• In cases of conflicting interest, where there are adverse claims within the ancestral domains as delineated in the survey plan, and which can not be resolved, the NCIP shall hear and decide.
• The Customary laws, traditions and practices of the ICCs/IPs of the land where the conflict arises shall be applied with respect to property rights.
• The NCIP shall take appropriate legal action for the cancellation of officially documented titles which were acquired illegally.
• When disputes involve ICCs/IPs, customary laws and practices shall be used to resolve the dispute.
• The NCIP in regional offices, shall have jurisdiction over all claims and disputes involving rights of ICCs/IPs.
• The ONCC/OSCC shall have a period of six (6) months from the effectivity of this Act within which to wind up its affairs and to conduct audit of its finances.
• All real and personal properties which are vested in, or belonging to, the merged offices NCIP without further need of conveyance.
• ICCs/IPs is authorized and empowered to file the necessary measures to protect the right to their ancestral domains.

Penalties

• Any person who commits violation of any of the provisions of this Act, shall be punished in accordance with the customary laws of the ICCs/IPs concerned.
• Punished by imprisonment of not less than nine (9) months but not more than twelve (12) years of One hundred thousand pesos (P100,000) nor more than Five hundred thousand pesos (P500,000).

Ancestral Domain Fund

• Fifty million pesos (P50,000,000) shall be sourced from gross income of the Philippine Charity Sweepstakes Office (PCSO) from its lotto operation.
• Ten million pesos (P10,000,000) from gross receipts of the travel tax.
• the fund of the Social Reform Council intended for survey and delineation of ancestral lands/domains, and such other source as the government may deem appropriate