Module 4

Lesson: The Indigenous Peoples’ Act of 1997 (IPRA Law)

Learning Objectives

At the end of the lesson the students should be able to;

1. Discuss the important concepts embodying the IPRA Law;

2. Contextualize the intent of the legislature in the formulation of IPRA Law in relation
to socio-economic status of the Indigenous people of Samal Island; and

3. Cite concrete examples where the basic concept of IPRA Law is evident in the
community.

Motivation

1. Interview an indigenous person in your

community. You may use your phone to
call them for the interview, or if you do
it face to face do not forget to observe
social distancing. Do not forget to inform
them of the confidentiality of whatever
information that they will share to you.

2. Ask your interviewee the following questions;

A. What significant experience have you had that you

feel you were deprived of the use and utilization of the
land that you believe your ancestral lands?

B. Are you aware of the IPRA Law? (If the answer is

yes, ask them what important concept of the law that
you know about?)

(If the answer is no, ask them why he/she did not know about it. You may provide
basic information about IPRA Law, they might have discussed it but just do not
exactly know the name of the law).
 3. Share your answer in your GC and interact with your classmates on the
topic assigned.

DISCUSSION

Republic Law 8371, known as ―The Indigenous Peoples’ Rights Act of

1997” (IPRA), was enacted in October 29, 1997. It has been praised for its support
for the cultural integrity of indigenous peoples, the right to their lands and the right
to self-directed development of these lands.

Brief Historical Background

Impact of the legal system on the Indigenous Peoples

 When the Spaniards left, we continued to use their Government system;

 This did not recognize traditional land rights and ownership of ICCs/IPs;
 Without titles, Indigenous Peoples were forced to lose ownership of these
lands.

Statistics

 One (1) of every six (6) Filipino is a member of an indigenous cultural

community.
  Twelve (12) million Filipinos are members of the estimated One Hundred Ten
(110) Indigenous Cultural Communities or Seventeen (17) percent of the
estimated Seventy (70) million Filipinos.
 The Indigenous Peoples are among the poorest sector of Philippine society
and also among the most powerless.

The Indigenous Peoples Rights Act was enacted on October 29, 1997
precisely to address the marginalization and powerlessness of the Indigenous
Cultural communities.

BENEFICIARIES OR RIGHT HOLDERS

Section 3 - Definition of Terms

Indigenous Cultural
Communities/Indigenous Peoples
(ICCs/IPs) - refer to a group of people or
homogenous societies 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, traditions and other distinctive cultural traits, or who
have, through resistance to political, social and cultural inroads of colonization, non-
indigenous religions and cultures, became historically differentiated from the majority
of Filipinos. ICCs/IPs shall likewise include peoples who are regarded as indigenous
on account of their descent from the populations which inhabited the country, at the
time of conquest or colonization, or at the time of inroads of non-indigenous religions
and cultures, or the establishment of present state boundaries, who retain some or
all of their own social, economic, cultural and political institutions, but who may have
been displaced from their traditional domains or who may have resettled outside
their ancestral domains.

SCOPE OF PROTECTION

Section 32 - Community Intellectual Rights

ICCs/IPs has the right to practice and revitalize their own cultural traditions
and customs. The State shall presence, protect and develop the past, present and
future manifestations of their cultures as well as the right to the restitution of cultural,
intellectual religious, and spiritual property taken without their free and prior informed
consent or in violation of their laws, traditions and customs.

Section 34 - Right to Indigenous Knowledge Systems and Practices and

to Develop own Sciences and Technologies

ICCs/IPs is entitled to the recognition of the full ownership and control end
protection of their cultural and intellectual rights. They shall have the right to special
measures to control, develop and protect their sciences, technologies and cultural
manifestations, including human and other genetic resources, seeds, including
derivatives of these resources, traditional medicines and hearth practices, vital
medicinal plants, animals and minerals, indigenous knowledge systems and
practices, knowledge of the properties of fauna and flora, oral traditions, literature,
designs, and visual and performing arts.

Section 35 - Access to Biological and Genetic Resources

Access to biological and genetic resources and to indigenous knowledge

related to the conservation, utilization and enhancement of these resources shall be
allowed within ancestral lands and domains of the ICCs/IPs only with a free and prior
informed consent of such communities, obtained in accordance with customary laws
of the concerned community.

SUMMARY OF THE LAW

The Republic Act No. 8371

An act to recognize, protect and promote the rights of Indigenous Cultural

Communities/Indigenous Peoples, creating a National Commission on Indigenous
Peoples, Establishing Implementing Mechanisms, Appropriating Funds therefor, and
for other purposes.

What is the Indigenous Peoples Rights Act (IPRA)?

 Recognize, Protect and Promote the rights of

ICCs/IPs
 Create the National Commission on Indigenous
Peoples (NCIP)
 Establishes Implementing Mechanisms
 Appropriates Funds
 Other Purposes

Rights of ICCs/IPs

 Rights to Ancestral Domains and Lands

 Right to Self-Governance and Empowerment
 Social Justice and Human Rights
 Cultural Integrity
 Rights to ancestral Domain
 Right of ownership
 Right to develop lands and natural
resources
 Right to stay in territories
 Right in case of displacement
 Right to regulate entry of migrants
 Rights to safe and clean air and water
 Right to claim parts of reservation
 Right to resolve conflict
 Right to ancestral land
Ancestral Domain defined

 All areas generally belonging to ICCs/IPs

 Held under a claim of ownership, occupied and possessed
 By themselves or through their ancestors
 Communally or individually since time immemorial
 Continuously to the present
 Necessary to ensure their economic, social and cultural welfare.
 It includes; ancestral lands, forests, pasture, residential, agricultural, hunting
grounds, burial grounds, worship areas, bodies of water, mineral & other
natural resources.

Ancestral Land defined

 Land occupied, possessed and utilized

 By individuals, families and clans who are members of the ICC/IP
 Since time immemorial
 By themselves of through their predecessors-in-interest
 Under claims of individual or traditional group ownership
 Continuously up to the present
 Except when interrupted by:
o War
o Force majeure or displacement by force
o Deceit
o Stealth
o As a consequence of gov’t projects and other dealings between gov’t
and private corporation.

IP Concept of Ownership

 Ancestral domains and all resources found therein shall serve as the material
bases of their cultural integrity.
 Ancestral domains are the ICCs/Ips private but community property which
belongs to all generations and therefore cannot be sold, disposed or
destroyed.
 Covers sustainable traditional resource rights
Responsibilities of ICCs/IPs

 Maintain ecological balance

 Restore denuded forests
 Observe laws

Right to self-governance and empowerment

 Self-governance and self-determination

 Justice system, conflict resolution institutions, and peace building processes
 Participation in decision-making
 Determine and decide priorities for development
 Tribal barangays

Social Justice and Human Rights

 Equal protections and non—discrimination of ICCs/Ips

 Rights during armed conflict
 Right to equal opportunity and treatment
 Discrimination against ICCs/Ips on the terms and conditions of employment
and denial of benefits
 Basic services
 Equal rights for women
 Children and Youth

Cultural Integrity

 Protection of Indigenous Culture,

Traditions and Institutions
 Educational system
 Recognition of cultural diversity
 Community intellectual rights
 Rights to cultural sites and ceremonies
 Rights to IKSP
 Access to biological and genetic resources
 Sustainable agro-technical development
 Right to receive from the national gov’t funds for archaeological and historical
sites
National Commission on Indigenous Peoples

 To carry out policies se forth in RA 8371 (IPRA)

 Primary government agency responsible for the formulation and
implementation of policies, plans and programs to promote and protect the
rights and well-being of the ICCs/IPs and the recognition of their ancestral
domains as well as their rights thereto.
 Mandate – to protect and promote the interest and well-being of the ICCs/Ips
with due regard to their beliefs, customs, traditions and institutions.

The Commission

 Composition: 7 commissioners each representing an ethnographic region

 One of whom shall be the Chairperson
 Two of the 7 shall be women

Powers and Functions

 Policy making body

 Quasi-judicial body
 Implementing Agency
 Titling of Ancestral Domains and Lands

Policy Making

 Implementing rules and regulations

 Guidelines
 Rules on Pleadings, procedure and practice before the NCIP
 Other issuances

Quasi-Judicial Body

 Claims and disputes involving rights of ICCs/Ips

 Primacy of Customary Law
 Regional Hearing Officer
 Rules on Pleadings, Practice and Procedure

Jurisdiction of the NCIP

 Conflicts involving ancestral lands and domains

 Cancellation of fraudulent CADTs/CALTs
  Violation of FPIC
 Sec. 10 – Unlawful Intrusion
 Sec. 24 – Employment
 Sec. 33 – Cultural Integrity
 Property Rights

Implementing Agency

 Programs
o Educational assistance
o Legal Assistance
 Projects
o Small Projects

Titling of Ancestral Lands and Domains

 Ancestral Domains
 Ancestral Lands outside Ancestral Domains
 Ancestral Lands within Ancestral Domains

Offices within the NCIP

 Ancestral Domains Office

 Office on Policy, Planning and Research
 Office of Education, Culture and Health
 Office on Socio-economic Services and Special Concerns
 Office of Empowerment and Human Rights
 Administrative Office
 Legal Affairs Office
 12 Regional Offices
 Other Field Offices – Provincial Offices and Community Service
Centers
 Office of the Executive Director
ACTIVITY: Indigenous People’s right.

Name: _____________________________ Instructor: ____________________

Session: ___________________________ Score: _______________________

TEST I. Multiple Choice

Direction: Read each statement carefully then answers the question that follows.
Choose the letter that best describes your answer. Write your
answer on the space provided.

_______1. An act to recognize, protect and promote the rights of indigenous cultural
communities/indigenous peoples, creating a national commission on
indigenous peoples, establishing implementing mechanisms,
appropriating funds therefor, and for other purposes.

a. RA 8371 b. RA 8317 c. RA 8173

________2. This Republic Act is known as ―The Indigenous Peoples’ Rights of

1997‖.

a. RA 8371 b. RA 8317 c. RA 8173

________3. The date when the Republic Act Number 8371 was signed.

a. October 19, 2020 b. October 29, 1997 c.

October 28, 1971
_________4. Beneficiaries of the IPRA Law

a. Spaniards

b. Japanese People of the Philippines

c. Indigenous People of the Philippines

_________5. In the composition of commissioners representing the ethnographic

region, how many of this are women?

a. 2 b. 3 c.4 d. 7
TEST II. Application

1. Give at least 5 rights to Ancestral Domains.

2. Give at least 3 responsibilities of the Indigenous Cultural

Communities/Indigenous Peoples.

3. Give at least 7 Offices within the NCIP.

TEST III. FILL in the blanks. (10 marks)

1. ICCs/IPs has the right to _________and ______their own cultural traditions and
customs.
2. Ancestral domains and all resources found therein shall serve as the
_______bases of their cultural __________.
3. The ______________ Act was enacted on _________, 1997 precisely to
address the marginalization and powerlessness of the Indigenous Cultural
communities.
4. National commission on indigenous people mandated to ____________the
interest and well-being of the ______________with due regard to their beliefs,
customs, traditions and institutions.
5. ______________an act to recognize, protect and promote the rights of
Indigenous Cultural Communities/Indigenous Peoples, creating a National
Commission on Indigenous Peoples, Establishing Implementing Mechanisms,
Appropriating Funds therefor, and for other purposes

References

Online

https://www.officialgazette.gov.ph/1997/10/29/republic-act-no-8371/

https://www.slideshare.net/iamjcberboso/article-12-ra-8371

https://www.officialgazette.gov.ph/1997/10/29/republic-act-no-8371/

https://www.wipo.int/tk/en/databases/tklaws/articles/article_0017.html

https://www.doe.gov.ph/sites/default/files/pdf/eicc/eicc-planning-conference-
materials-ipra-presentation.pdf