Scribd Logo
Upload

Welcome to Scribd!

  • 338 views

    Indigenous Peoples Rights Act of 1997

    Uploaded by

    Cazzandhra Bullecer
    The Indigenous Peoples Rights Act of 1997 (IPRA) recognizes the rights of indigenous peoples in the Philippines to their ancestral domains and lands, self-governance, and cultural integrity. It established the National Commission on Indigenous Peoples to implement the IPRA and issue Certificates of Ancestral Domain Titles. However, there remain challenges to fully realizing the rights of indigenous peoples, including a lack of data, unstable policies, capacity issues, and ongoing economic and social marginalization.

    Copyright:

    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd

    Indigenous Peoples Rights Act of 1997

    Uploaded by

    Cazzandhra Bullecer
    338 views17 pages
    The Indigenous Peoples Rights Act of 1997 (IPRA) recognizes the rights of indigenous peoples in the Philippines to their ancestral domains and lands, self-governance, and cultural integrity. It established the National Commission on Indigenous Peoples to implement the IPRA and issue Certificates of Ancestral Domain Titles. However, there remain challenges to fully realizing the rights of indigenous peoples, including a lack of data, unstable policies, capacity issues, and ongoing economic and social marginalization.

    Original Description:

    ipra ACT

    Copyright

    © © All Rights Reserved

    Available Formats

    PPTX, PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    The Indigenous Peoples Rights Act of 1997 (IPRA) recognizes the rights of indigenous peoples in the Philippines to their ancestral domains and lands, self-governance, and cultural integrity. It established the National Commission on Indigenous Peoples to implement the IPRA and issue Certificates of Ancestral Domain Titles. However, there remain challenges to fully realizing the rights of indigenous peoples, including a lack of data, unstable policies, capacity issues, and ongoing economic and social marginalization.

    Copyright:

    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
    Download as pptx, pdf, or txt
    338 views17 pages

    Indigenous Peoples Rights Act of 1997

    Uploaded by

    Cazzandhra Bullecer
    The Indigenous Peoples Rights Act of 1997 (IPRA) recognizes the rights of indigenous peoples in the Philippines to their ancestral domains and lands, self-governance, and cultural integrity. It established the National Commission on Indigenous Peoples to implement the IPRA and issue Certificates of Ancestral Domain Titles. However, there remain challenges to fully realizing the rights of indigenous peoples, including a lack of data, unstable policies, capacity issues, and ongoing economic and social marginalization.

    Copyright:

    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
    Download as pptx, pdf, or txt
    of 17

    THE INDIGENOUS PEOPLES

    RIGHTS ACT OF 1997


    Bullecer
    Valdez
    OUTLINE

    BRIEF BACKGROUND

    LEGAL FRAMEWORK

    IPRA (INDIGENOUS PEOPLES RIGHTS ACT)

    RIGHTS UNDER IPRA

    THE NCIP (NATIONAL COMMISSION FOR THE INDIGENOUS PEOPLES)

    THE STATUS AND IMPLEMENTATION OF IPRA


    THE PHILIPPINES

    More than 100 ethno-linguistic


    groups
    Aetas
    Mangyans
    Palawan groups
    Lumads
    Igorots
    Caraballo groups
    Dumagats
    Ati & Tumandok
    IP`S BY THE NUMBERS

    Mindanao; 61%
    10-15% of the total
    population of the Philippines Estimated 12-15 million
    (92.34million) Luzon; 33%

    Visayas; 6%
    LEGAL FRAMEWORK

    Section 22, Article II: The State recognizes and promotes the rights of
    indigenous cultural communities within the framework of national unity
    and development. -1987 Constitution
    Article I: Indigenous peoples have the right to the full enjoyment, as a
    collective or as individuals, of all human rights and fundamental freedoms
    as recognized in the Charter of the United Nations, the Universal
    Declaration of Human Rights 4 and international human rights law.

    Case: Cruz vs. Secretary of Environment and Natural Resources


    Cruz vs. Secretary of DENR
    (GR. No. 135385, Dec. 6, 2000)

    There is nothing in the law that grants to the ICCs/IPs


    ownership over the natural resources within their ancestral
    domain. What is granted is the right to the small scale utilization
    of these resources, and at the same time, a priority in their large
    scale development and exploitation.
    Ancestral lands and ancestral domains are not part of the lands
    of the public domain. They are private lands and belong to the
    ICCs/IPs by native title, which is a concept of private land title
    that existed irrespective of any royal grant from the State.
    Indigenous People

    Group of people identified by self-ascription and


    ascription by others
    Who have continuously lived as organized
    community on communally bounded and defined
    territory
    And who have, under claims of ownership since
    time immemorial, occupied, possessed and
    utilized such territories
    Sharing common bonds of language, customs,
    and traditions
    POLICY

    The State shall recognize and


    promote all the rights of Indigenous
    Peoples (IPs) within the framework
    of national unity and development
    to ensure their economic, social
    and cultural well being.
    Ancestral Domain

    All areas generally belonging to IPs comprising lands, inland waters,


    coastal areas, and natural resources therein, held under a claim of
    ownership, occupied or possessed by IPs, since time immemorial,
    continuously to the present, and which are necessary to ensure their
    economic, social and cultural welfare.
    CADT and CALT

    Refers to a title formally recognizing the rights of possession and


    ownership of IPs over their ancestral domains identified and
    delineated in accordance with this law.
    These titles are based on Native Title, referring to pre-conquest
    rights to lands and domains which, as far back as memory reaches,
    have been held under a claim of private ownership by ICCs/IPs.
    CADT and CALT may only be transferred or conveyed under certain
    circumstances
    Free and Prior Informed Consent

    The consensus of all members of the IPs to be determined in


    accordance with their customary laws and practices,

    Free from any external manipulation, interference and coercion,

    And obtained after fully disclosing the intent and scope of activity,
    in a language and process understandable to the community
    FOUR MAJOR RIGHTS UNDER IPRA

    1. Right to Ancestral Domain and Land


    2. Right to Self-Governance and Empowerment
    3. Right to Social Justice and Human Rights
    4. Right to Cultural Integrity
    The National Commission on
    Indigenous Peoples (NCIP)

    The primary implementing agency of IPRA


    It has 7 Commissioners appointed by the President one for each
    ethnographic regions
    NCIP exercises administrative, quasi-legislative & quasi-judicial
    functions/powers
    NCIP Powers and Functions

    formulates and implement


    policies, plans, programs and
    serves as the primary issues ancestral land/domain
    projects for the economic,
    government agency titles
    social and cultural
    development
    Process

    Issuance of
    Report of
    Certificate
    Petition for Delineation Preparation investigation Notice and Endorsement
    of Ancestral
    delineation proper of maps and other publication to NCIP
    Domain Title
    documents
    (CADT)
    Challenges

    No official, reliable baseline information on the poverty profile


    and gender disaggregated data of the IP population
    Unstable policy environment and insufficient enabling conditions
    for genuine implementation of IPRA
    Need to increase awareness on, and recognition of, traditional
    socio-political institutions and structures and customary laws for
    civil peace building
    Strengthening of institutional and human resource capacities of
    NCIP to fulfill its mandate are not fully addressed
    Challenges

    Absence of gender perspective on program and policy planning and


    development
    Limited participation of IP women in traditional and formal
    political institutions
    Economic marginalization, political subordination and multiple
    burden among IP women
    Prevalence of abuse and violence against women (VAW) in most IP
    communities

    You might also like