Rights of Indigenous Peoples and Ancestral Domains
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Rights of Indigenous Peoples and Ancestral Domains

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Questions and Answers

Which of the following best describes the indigenous concept of ownership?

  • It limits the use of resources found in ancestral domains.
  • It considers ancestral domains as community property for all generations. (correct)
  • It grants exclusive rights to individuals over ancestral lands.
  • It allows for the sale of ancestral lands.

    • Ancestral lands/domains only refer to the physical environment.

    False

    What rights do ICCs/IPs have concerning their ancestral domains?

    Rights of ownership and possession, including the right to claim lands, develop resources, and recognize sacred places.

    Ancestral lands and domains consist of all areas generally belonging to _____ and _____ groups.

    <p>Indigenous Cultural Communities, Indigenous Peoples</p> Signup and view all the answers

    Match the following rights with their descriptions:

    <p>Right of Ownership = Claim ownership over occupied lands and resources Right to Develop Lands = Enhance and utilize natural resources responsibly Rights to Ancestral Domains = Recognition and protection of ownership and possession Sustainable Traditional Resource Rights = Use resources without harming cultural integrity</p> Signup and view all the answers

    What is the minimum age requirement for the Chairperson and Commissioners at the time of appointment?

    <p>35 years</p> Signup and view all the answers

    No member of the NCIP may serve more than three terms in office.

    <p>True</p> Signup and view all the answers

    How many Commissioners must be members of the Philippine Bar?

    <p>Two</p> Signup and view all the answers

    Members of the NCIP shall hold office for a period of __________ years.

    <p>three</p> Signup and view all the answers

    Match the requirements to be a Commissioner with their descriptions:

    <p>Natural born Filipino citizen = Must be a citizen by birth, not naturalized Experience with ICC/IP community = Must have worked for at least ten years At least 35 years old = Minimum age for appointment Proven honesty and integrity = Must demonstrate good moral character</p> Signup and view all the answers

    What guarantees does the State provide to members of the ICCs/IPs?

    <p>Full enjoyment of human rights and freedoms without discrimination</p> Signup and view all the answers

    The State must ensure that members of ICCs/IPs do not benefit equally from opportunities granted by national laws.

    <p>False</p> Signup and view all the answers

    What are Ancestral Domains?

    <p>Areas belonging to ICCs/IPs that comprise lands, waters, and natural resources held under claim of ownership since time immemorial.</p> Signup and view all the answers

    The State shall take measures to protect the rights of ICCs/IPs and ensure respect for their cultural _______.

    <p>integrity</p> Signup and view all the answers

    Match the terms with their definitions:

    <p>ICCs = Indigenous Cultural Communities IPs = Indigenous Peoples Ancestral Domains = Lands held under claim of ownership Cultural Integrity = Respect for the identity and traditions of a community</p> Signup and view all the answers

    Which mechanism is the State required to establish to protect ICCs/IPs rights?

    <p>Necessary mechanisms to enforce and guarantee realization of these rights</p> Signup and view all the answers

    ICCs/IPs have no participation in the direction of public services such as education and health.

    <p>False</p> Signup and view all the answers

    What must the State consider when implementing measures to protect the rights of ICCs/IPs?

    <p>Their customs, traditions, values, beliefs, interests, and institutions.</p> Signup and view all the answers

    Who has the decisive role in the identification and delineation of ancestral domains?

    <p>Indigenous Cultural Communities/Indigenous Peoples (ICCs/IPs)</p> Signup and view all the answers

    The Sworn Statement of the Elders is not essential for determining traditional territories.

    <p>False</p> Signup and view all the answers

    What title can ICCs/IPs apply for if their ancestral lands were officially delineated prior to the enactment of the law?

    <p>Certificate of Ancestral Domain Title (CADT)</p> Signup and view all the answers

    The process of delineating ancestral domains must include __________ involvement and participation.

    <p>genuine community</p> Signup and view all the answers

    Which of the following statements is true regarding the delineation process?

    <p>The delineation process requires the consent of the concerned ICC/IP.</p> Signup and view all the answers

    Measures will be taken to protect the rights of ICCs/IPs who no longer occupy ancestral lands exclusively.

    <p>True</p> Signup and view all the answers

    What is the purpose of the Ancestral Domains Office in the delineation process?

    <p>To officially delineate ancestral domain boundaries and conduct a census of community members.</p> Signup and view all the answers

    Match the process of delineation with its correct description.

    <p>Petition for Delineation = Filed by a majority of ICCs/IPs members Delineation Proper = Official boundary delineation and census Proof Required = Evidence needed to support claims Previous Delineations = Exempt from current procedures</p> Signup and view all the answers

    What is the main responsibility of the Ancestral Domains Office?

    <p>Identification and management of ancestral lands/domains</p> Signup and view all the answers

    The Office on Policy, Planning and Research is responsible for implementing the education rights of ICCs/IPs.

    <p>False</p> Signup and view all the answers

    What does the NCIP stand for?

    <p>National Commission on Indigenous Peoples</p> Signup and view all the answers

    The research center established by the Office on Policy, Planning and Research serves as a depository of __________ information.

    <p>ethnographic</p> Signup and view all the answers

    Match the following offices with their primary responsibilities:

    <p>Ancestral Domains Office = Management of ancestral lands/domains Office on Policy, Planning and Research = Formulation of policies for ICCs/IPs Office of Education, Culture and Health = Implementation of education and cultural rights Research Center = Depository for ethnographic information</p> Signup and view all the answers

    Which office is tasked with the documentation of customary law?

    <p>Office on Policy, Planning and Research</p> Signup and view all the answers

    The NCIP is required to make all official records related to its transactions accessible to the public.

    <p>True</p> Signup and view all the answers

    The Office on Education, Culture and Health is responsible for the __________ of education rights as provided in this Act.

    <p>implementation</p> Signup and view all the answers

    Study Notes

    Rights of Indigenous Cultural Communities/Indigenous Peoples (ICCs/IPs)

    • The state is obligated to uphold the rights of ICCs/IPs in national laws and policies.
    • The state must ensure equal access to human rights and freedoms for ICCs/IPs, regardless of sex, without discrimination.
    • The state must protect the rights and cultural integrity of ICCs/IPs, with their participation, and ensure they benefit equally from national laws and regulations.
    • The state recognizes the need to respond to ICCs/IPs' desire for cultural integrity by maximizing their involvement in education, health, and other services to make them more responsive to their needs.

    Ancestral Domains

    • Definition: Ancestral domains are areas generally belonging to ICCs/IPs, encompassing lands, inland waters, coastal areas, and natural resources.
    • Ownership: ICCs/IPs have a claim of ownership over ancestral domains, occupied by them or their ancestors, since time immemorial.
    • Exception to ownership: It is interrupted by war, force majeure, forced displacement, deceit, stealth, government projects, or voluntary dealings with the government or private individuals/corporations.
    • Purpose: Ancestral domains are necessary to ensure the economic, social, and cultural well-being of ICCs/IPs.

    Indigenous Concept of Ownership

    • Ancestral domains encompass the physical, spiritual, and cultural bonds of ICCs/IPs to the areas they possess, occupy, and use.
    • Ancestral domains are considered private but community property, belonging to all generations, and cannot be sold, disposed of, or destroyed.
    • They include sustainable traditional resource rights.

    Rights To Ancestral Domains

    • ICCs/IPs have the right to ownership and possession of ancestral domains.
    • This includes the right to claim ownership over lands, bodies of water, sacred places, hunting and fishing grounds, and improvements they made within the domains.
    • Right to develop lands and natural resources: Self-delineation is the guiding principle in identifying and delineating ancestral domains.
    • ICCs/IPs have a decisive role in all activities related to their ancestral domains.
    • Sworn statements from elders, agreements/pacts with neighboring ICCs/IPs, and government recognition of traditional occupation are essential to determine traditional territories.
    • The government must take steps to identify ICCs/IP occupied lands and ensure effective protection of their ownership and possession rights.
    • Measures are required to safeguard the rights of ICCs/IPs to land they may no longer exclusively occupy but have traditionally used for subsistence and traditional activities, especially nomadic and/or shifting cultivators.

    Delineation of Ancestral Domains

    • Ancestral domains delineated before this Act are not subject to new delineation procedures unless requested by the ICCs/IPs concerned.
    • The NCIP (National Commission on Indigenous Peoples) is responsible for initiating and carrying out the delineation process with the consent of the communities or through a petition filed by a majority of their members.
    • The Ancestral Domains Office of the NCIP conducts the official delineation of boundaries, including a census of community members. Delineation should be done in coordination with the community and include genuine involvement and participation.

    NCIP (National Commission on Indigenous Peoples)

    • The NCIP is responsible for implementing the provisions of the Act related to ICCs/IPs.
    • Qualifications for NCIP Commissioners:
      • Natural born Filipino citizens.
      • Bonafide members of ICCs/IPs.
      • Experienced in ethnic affairs.
      • Worked with ICCs/IPs or government agencies involved with ICC/IP affairs for at least 10 years.
      • At least 35 years old at the time of appointment.
      • Proven honesty and integrity.
      • At least two commissioners must be members of the Philippine Bar.
    • Term of Office:
      • Three years.
      • Eligible for re-appointment for one more term.
      • No more than two terms.
      • Vacancies are filled for the unexpired term of the predecessor, no temporary appointments allowed.
    • Compensation:
      • The NCIP Chairperson and Commissioners are entitled to compensation under the Salary Standardization Law.
    • Removal from Office: The President can remove NCIP members from office before the end of their term for cause, with due process.
    • Appointment of Commissioners: The President appoints the seven Commissioners of the NCIP within 90 days of the Act's effectivity.

    Powers and Functions of the NCIP

    • The NCIP is responsible for implementing policies and programs for ICCS/IPs, including the development of a Five-Year Master Plan.
    • The NCIP is responsible for the identification, delineation, and recognition of ancestral lands/domains, managing ancestral domains based on a master plan, and implementing the ancestral domain rights of ICCs/IPs.
    • The NCIP issues certification prior to granting licenses, leases, or permits for natural resource exploitation that may affect ICCs/IPs or their ancestral domains.
    • The NCIP assists ICCs/IPs in protecting their ancestral domains.
    • The NCIP assists the legislative branch in formulating legislation for ICCs/IPs.
    • The NCIP effectively implements education, cultural, and health rights as provided in the Act.

    The NCIP Office Structure

    • Ancestral Domains Office: Responsible for identifying, delineating, and recognizing ancestral lands/domains. Manages ancestral domains using a master plan and implements ancestral domain rights of ICCs/IPs. Issues certifications prior to granting licenses, leases, or permits that affect ICCs/IPs or their ancestral domains.
    • Office on Policy, Planning, and Research: Responsible for creating policies and programs for ICCs/IPs, including the development of the Five-Year Master Plan. Documents customary laws and establishes a research center to monitor, evaluate, and inform policy.
    • Office of Education, Culture, and Health: Responsible for implementing education, cultural, and health rights as outlined in the Act.

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    Related Documents

    Republic Act No. 8371 (1997) PDF

    Description

    This quiz covers the rights of Indigenous Cultural Communities (ICCs) and Indigenous Peoples (IPs) as well as their ancestral domains. It outlines the state obligations to uphold these rights and ensure participation in relevant services. Test your understanding of the cultural integrity and ownership claims of ICCs/IPs.

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