Philippine Indigenous Communities Reviewer PDF

PHILIPPINE INDIGENOUS COMMUNITIES REVIEWER  Philippine Indigenous Communities Reviewer Republic Act No. 8371 also known as “The Indigenous Peoples and traditional activities. Home ranges of Rights Act of 199...

PHILIPPINE INDIGENOUS COMMUNITIES REVIEWER  Philippine Indigenous Communities Reviewer Republic Act No. 8371 also known as “The Indigenous Peoples and traditional activities. Home ranges of Rights Act of 1997” (IPRA Law) ICCs/IPs who are still nomadic and shifting cultivators. Overview ​ R.A. 8371 enacted on October 29, 1997, is a law dealing with Ancestral Land a specific group of people: ​ It refers to the land subject to property right ➔​ Indigenous Cultural Communities (ICCs) within the ancestral domain occupied, ➔​ Indigenous Peoples (IPs) possessed, and utilized by individual families and clans who are members of ICC/IPs since ​ The law allows indigenous peoples to obtain recognition of time immemorial, by Themselves or through their rights of ownership over ancestral lands and ancestral their predecessor-in-interest under the claim domains by virtue of native title of individual or traditional group ownership, continuously to the present including, but not Four Pillars of IPRA Law limited to, residential lots, rice terraces or 1.​ Ancestral Domain (anything/anywhere na nahihiling pa) paddies, private forests, swidden farms, and ➔​ It refers to all areas generally belonging to ICCs/IPs tree lots ➔​ This consist of: a.​ Lands, inland waters, coastal areas, and Certificate of Ancestral Domain Title (CADT) natural resources therein occupied and ​ Formal recognition of the ICCs/IPs rights to possessed by the ICCs/IPs by themselves or their ancestral domain by virtue of the native through their ancestors communally or title, identified and delineated in accordance individually since time immemorial with the law continuously up to the present b.​ Ancestral lands, forest, pasture, residential, Certificate of Ancestral Land Title (CALT) agricultural, and other lands individually ​ It is a title formally recognizing the rights of owned whether alineable and disposable or ICCs/IPs over their ancestral lands otherwise, and the natural resources c.​ Land which may no longer be exclusively Native Title occupied by ICCs/IPs, but from which they ​ It is the pre-conquest rights to lands and traditionally have access, for their subsistence domains which are as far back as memory Philippine Indigenous Communities Reviewer | 1  Philippine Indigenous Communities Reviewer reaches, have been held under a claim of What are the rights of ICC/IPs to their private ownership by ICCs/IPs have never Ancestral Domain Rights? been public lands, and are thus indisputably ​ Under Section 11 of IPRA law, Native Title presumed to have held that way since before recognizes and respects the rights of ICCs/IPs the Spanish conquest to their ancestral domain ​ Formal recognition, when solicited by Concept of Ownership ICCs/Ips concerned, shall be embodied in a ​ Indigenous concept of ownership sustains the Certificate of Ancestral Domain Title (CADT), view that ancestral domains and all resources which shall recognize the title of the found therein shall serve as the material concerned ICCs/Ips over the territories bases of their cultural integrity. The identified and delineated Indigenous concept of ownership generally holds that ancestral domains are the What Group of peoples or societies are ICC's/IP's private but community property comprised by the term ICCs/IPs? which belongs to all generations and ​ It refers to the group of people or therefore cannot be sold, disposed or homogenous societies: destroyed. It likewise covers sustainable ​ Those who have continuously lived as traditional resource rights organized communities on communally bounded and defined territory. Sustainable Traditional Resource Rights ​ Those who have claimed ownership since ​ Refers to the rights of ICCs/IPs to sustainably time immemorial, occupied, possessed and use, manage, protect, and conserve: utilized such territories, sharing common a.​ Land, air, water, and minerals bond language, customs, traditions, and b.​ Plants, animals, and other organisms other distinct cultural traits. c.​ Collecting, fishing, and hunting grounds The State shall recognize and promote the d.​ Sacred sites rights of ICCs/IPs enumerated within the e.​ Other areas of economic, ceremonial framework of the constitution and aesthetic value on accordance a.​ The state shall recognize and promote the with their indigenous knowledge, rights of ICCs/IPs with the framework of beliefs, systems and practices national unity and development Philippine Indigenous Communities Reviewer | 2  Philippine Indigenous Communities Reviewer b.​ The state shall protect the rights of ICCs/IPs CHAPTER III. Rights to Ancestral Domain to their ancestral domains to ensure their and Ancestral Land economic, social, and cultural well-being and Section 7: Ancestral Domain shall recognize the applicability of customary a.​ Right of ownership laws governing property rights or relations in b.​ Right to develop lands and natural resources determining the ownership and extent of c.​ Right to stay in the territories ancestral domain. d.​ Right in case of displacement c.​ The state shall recognize respect and protect e.​ Right to regulate entry of migrant settlers the rights of ICCs/IPs to preserve and f.​ Right to safe and clean air and water develop their culture, traditions, and g.​ Right to claim parts of reservations institutions. It shall consider these rights in h.​ Right to resolve land conflicts the formulation of national laws and policies. d.​ The state shall guarantee that members of Section 8: Ancestral Land ICCs/IPs regardless of sex shall equally enjoy ➔​ ICCs/IPs have the right to transfer land or the full measure of human rights and property rights to/among members of the freedom without distinction or same ICCs/IPs, subject to customary laws discrimination. and traditions of the community concerned. e.​ The state shall take measures with the ➔​ Right of redemption within 15 years in cases participation of the ICCs/IPs concerned to where it is shown that the transmission of protect their rights and guarantee respect for land or property rights by virtue of any their cultural integrity and to ensure that agreement or devise, to a nonmember of the members of the ICCs/IPs benefit on an equal concerned ICCs/IPs is tainted by the vitiated footing from the rights and opportunities consent of the ICCs/IPs, or is transferred for which national laws and regulations grant to an unconscionable consideration or price other members of the population. f.​ The state shall recognize as obligations to Section 9. Responsibilities of ICCs/IPs to respond to the strong expression of the their Ancestral Domains. ICCs/IPs to render such services more responsive to the needs and desires of these a.​ Maintain ecological balance communities. ➔​ to preserve, restore, and maintain a balanced ecology in the ancestral Philippine Indigenous Communities Reviewer | 3  Philippine Indigenous Communities Reviewer domain by protecting the flora and policies,plans and programs to recognize, fauna, watershed areas and other protect and promote the rights of ICCs /Ips reserves with due regard to their beliefs, customs, traditions, and institutions. b.​ Restore Denuded Areas ​ The NCIP is an independent agency under ➔​ to actively initiate, undertake, and the Office of the President composed of seven participate in the reforestation of Commissioners appointed by the president denuded areas and other development from ICCs/IPs. programs and projects subject to just and reasonable remuneration 3.​ Social justice and Human Rights ​ SEC. 25. Basic Services. - The ICCs/IPs have the c.​ Observe laws right to special measures for the immediate, effective ➔​ to observe and comply with the and continuing improvement of their economic and provisions of this Act and the roles social conditions, including in the areas of and regulations for its effective employment, vocational training and retraining, implementation. housing, sanitation, health and social security. 2.​ Right to Self-Governance and Empowerment 4.​ Cultural Integrity ➔​ SEC. 17. Right to Determine and Decide ​ Section 33: Rights to Religious, Cultural Sites and Priorities for Development. - The ICCs/IPs shall Ceremonies — ICCs/IPs shall have the right to manifest, have the right to determine and decide their own practice, develop and teach their spiritual and religious priorities for development affecting their lives, traditions, customs, and ceremonies. beliefs, institutions, spiritual well-being, and the ​ Section 34. Right to Indigenous Knowledge lands they own, occupy or use. Systems and Practices and to Develop own Sciences and Technologies — ICCs/IPs are entitled to What policy is charged with implementing the recognition of the full ownership and control and the provisions of the IPRA? protection of their cultural and intellectual rights. ​ The law created the NCIP or the National ​ Section 35. Access to Biological and Genetic Commission on Indigenous Peoples as Resources — Access to biological and genetic resources the primary government agency responsible and to indigenous knowledge related to the conservation, for the formulation and implementation of utilization and enhancement of these resources, shall be Philippine Indigenous Communities Reviewer | 4  Philippine Indigenous Communities Reviewer allowed within ancestral lands and domains of the ICCs/IPs years: Provided, That a formal and written agreement is entered only with a free and prior informed consent of such into with the ICCs/IPs concerned or that the community, pursuant communities, obtained in accordance with customary laws to its own decision making process, has agreed to allow such of the concerned community operation: Provided, finally, That the NCIP may exercise visitorial powers and take appropriate action to safeguard the rights of the National Commission on Indigenous Peoples (NCIP) ICCs/IPs under the same contract. ​ the primary government agency responsible for the formulation and implementation of policies, plans and SEC. 58. Environmental Considerations — Ancestral programs to promote and protect the rights and well-being domains or portions thereof, which are found to be necessary for of the ICCs/IPs and the recognition of their ancestral critical watersheds, mangroves, wildlife sanctuaries, wilderness, domains as well as their rights thereto. protected areas, forest cover, or reforestation as determined by ​ The NCIP shall be an independent agency under the Office appropriate agencies with the full participation of the ICCs/IPs of the President and shall be composed of seven (7) concerned shall be maintained, managed and developed for such Commissioners belonging to ICCs/IPs, one (1) of whom shall purposes. The ICCs/IPs concerned shall be given the responsibility be the Chairperson to maintain, develop, protect and conserve such areas with the full Functions in relation to ancestral domains and lands: and effective assistance of government agencies. a)​ Titling of Ancestral Domains/Lands b)​ Registration of CADT and CALTS c)​ Issuance of Certification as a Precondition THE PEOPLING OF d)​ Action on fraudulent claims THE PHILIPPINES e)​ To take appropriate legal action for the enforcement of the ➔​ Refers to the process by which human population settled in rights of ICCs/IPs the archipelago ➔​ Involves a variety of migration waves Delineation and Recognition of Ancestral Domains SEC. 57. Natural Resources within Ancestral Domains — Homo Luzonensis The ICCs/ IPs shall have priority rights in the harvesting, ➔​ Can be found in Luzon (in Callao Cave) extraction, development or exploitation of any natural resources ➔​ Earliest known human presence 6,000 years ago within the ancestral domains. A non-member of the ICCs/IPs ➔​ Part of migration waves from mainland China concerned may be allowed to take part in the development and utilization of the natural resources for a period of not exceeding Austronesian Migration — 4,000 BCE to 3,000 BCE twenty-five (25) years renewable for not more than twenty-five (25) Philippine Indigenous Communities Reviewer | 5  Philippine Indigenous Communities Reviewer Neolithic and Metal Age in the Philippines — 1,000 BCE to ➔​ Also known as Wave Migration Theory 500 BCE ➔​ 4 wave movement: Trade and Cultural Exchange — 500 CE to 1,500 CE, First wave: Indonesia to Philippines introduced barter system Second wave: from Indonesia and dispersed Third wave: from Indochina Arrival of the Spanish — March 16, 1521 Fourth wave: from mainland China Post Spanish & Western Migration (20th century) — ➔​ According to Dr. Bayer, the ancestors of the Filipinos increase in rural and urban migration came in different “wave of migration”, as follows: Austronesian — speaking people Dawn Man — a cave-man type who was similar to Java Man, Peking man, and other Asian homo Pleistocene Period — ice age sapiens of 250,000 years ago Malay — permanent settlers of the Philippine archipelago and ➔​ The aboriginal pygmy group, the Negritos (first brought the “balangay” settlers), arrived between 25,000 and 30,000 years ago via land bridges ➔​ The sea-faring tool-using Indonesian (first migrant settlers) group arrived 5,000 to 6,000 years ago and 1.​ Internal Development within the Austronesian were the first immigrants to reach the Philippines by Region sea ➔​ Develop by William Meacham ➔​ The sea-faring, more civilized Malays (permanent ➔​ Started in Formosa (now Taiwan) settlers) who brought the Iron age culture were the ➔​ No external migration happen real colonizers and dominant cultural group in the ➔​ Spread and development of Austronesian “speaking” pre- Hispanic Philippines people 3.​ F. Landa Jocano Core Population Theory 2.​ The Multiple Homeland Hypothesis ➔​ Developed by F. Landa Jocano, an anthropologist of ➔​ Developed by Henry Otley Bayer (considered as the the University of the Philippines contends that what “Father of Philippine Anthropology”) fossil evidence of ancient men shows is that they not Philippine Indigenous Communities Reviewer | 6  Philippine Indigenous Communities Reviewer only migrated to the Philippines, but also to New ➔​ Movement of people that originated from Melanesia Guinea, Borneo, and Australia. He says that there is around 3500 BCE no way of determining if they were Negritos at all. However, what is sure is that there is evidence the 6.​ The Unique South China Sea Homeland Hypothesis Philippines was inhabited as early as 21,000 or ➔​ Proposed by Wilhelm G. Solheim II 22,000 years ago. ➔​ Through linguistic evidence to demonstrate the ➔​ In 1962, a skull cap and a portion of a jaw, presumed origins of the movements of people to the Philippines to be those of a human being, were found in a Tabon Cave in Palawan Other Theories ➔​ The discovery may show that man came earlier to the ➔​ From South China then proceeded to the Malay Peninsula Philippines than to the Malay Peninsula. If this is moving toward Borneo and then finally through Palawan true, the first inhabitants of the Philippines did not ➔​ The movement started from Southeastern China, to come from the Malay Peninsula. Jocano further Indochina, Malay Peninsula, then to Borneo, finally entering believes that the present Filipinos are products of the the Philippines through different routes process of evolution and movement of people ➔​ Philippinew started in China, proceeding to Formosa, then to the Batanes Islands until the group scattered around the 4.​ Austronesian Migration Theory archipelago and reached as far as Borneo ➔​ Proposed by Peter Bellwood, a professor of Archeology Reasons for Defining Indigenous People ➔​ Posits that a group of people called the 1.​ Self identification Austronesians expanded from Asia into the Pacific by 2.​ Easier for them to be accepted means of Taiwan 6,000 years ago. 3.​ Opportunity to be heard or seen ➔​ The Austronesian migrations begun from the Chinese mainland, reaching Taiwan first in 3500 BC and then the Philippines by 3000 BC. They reached Sumatra and Java by 2,000 BC, Northern New Guinea by 1,600 BC, Samoa by 1,200 BC, Hawaii, Easter Island, and Madagascar by 500 AD, etc. 5.​ The Melanesian Homeland Hypothesis ➔​ Proposed by Isidore Dyen Philippine Indigenous Communities Reviewer | 7