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PHILIPPINE INDIGENOUS participation, identified by ICCs/IPs


COMMUNITIES ● INDIVIDUAL CLAIMS
○ refer to claims on land and rights
thereon which have been devolved
to individuals, families and clans
RA 8371 ● PEOPLE'S ORGANIZATION
○ refers to a private, nonprofit
“The Indigenous Peoples’ Rights Act of 1997” voluntary organization of members
of an ICC/IP which is accepted as
AN ACT TO RECOGNIZE, PROTECT AND PROMOTE representative of such ICCs/IPs;
THE RIGHTS OF INDIGENOUS CULTURAL ● SUSTAINABLE TRADITIONAL
COMMUNITIES/INDIGENOUS PEOPLES, CREATING RESOURCE RIGHTS
A NATIONAL COMMISSION ON INDIGENOUS ○ refer to the rights of ICCs/IPs to
PEOPLES, ESTABLISHING IMPLEMENTING sustainably use, manage, protect
MECHANISMS, APPROPRIATING FUNDS and conserve
THEREFOR, AND FOR OTHER PURPOSES.
Chapter 3
Chapter 1
● Provides for rights to ancestral domains.
● declares that the State shall recognize and Ancestral domains shall be the private
promote the rights of Indigenous Cultural property of indigenous peoples; in return,
Communities and Indigenous Peoples. indigenous peoples shall have the
responsibility of maintaining the ecology
Chapter 2 and restoring denuded areas.
● ANCESTRAL DOMAINS Chapter 4
○ all areas generally belonging to
ICCs/IPs (lands, inland waters, ● The right to self-governance and
coastal areas, and natural empowerment. Inter alia, indigenous
resources), held under a claim of peoples shall have the right to use a
ownership, occupied or possessed by common justice system.
ICCs/IPs since time immemorial,
continuously to the present Chapter 5
● ANCESTRAL LANDS
○ refers to land occupied, possessed ● Sets forth human rights, including freedom
and utilized by individuals, families from discrimination against indigenous
and clans who are members of the peoples and a right to special protection in
ICCs/IPs since time immemorial, by times of armed conflict.
themselves or through their
predecessors Chapter 6
● COMMUNAL CLAIMS
○ refer to claims on land, resources ● Provides for the recognition of the cultural
and rights thereon, belonging to the integrity of indigenous peoples, and for their
whole community within a defined intellectual property rights with respect to
territory; cultural and religious property.
● CUSTOMARY LAWS
○ refer to a body of written and/or Chapter 7
unwritten rules, usages, customs
and practices traditionally and ● Establish a National Commission on
continually recognized, accepted and Indigenous Peoples (NCIP) which shall have
observed by respective ICCs/IPs; the functions of promoting the interest on
● FREE AND PRIOR INFORMED indigenous people. \
CONSENT
Chapter 8
○ the consensus of all members of the
ICCs/IPs to be determined in
● The Delineation and recognition of ancestral
accordance with their respective
domains.
customary laws and practices
● INDIGENOUS CULTURAL
COMMUNITY/INDIGENOUS PEOPLES
○ group of people or homogenous
societies identified by self-ascription
and ascription by others,
● INDIGENOUS POLITICAL STRUCTURES
○ organizational and cultural
leadership systems, institutions,
relationships, patterns and processes
common bond of language, customs,
traditions and other distinctive cultural
THE PEOPLING OF THE PHILIPPINES traits;
● Those who have, through resistance to
political, social and cultural inroads of
colonization, non- indigenous religions and
● INTERNAL DEVELOPMENT WITHIN THE cultures, become historically differentiated
AUSTRONESIAN REGION -WILLIAM from the majority of Filipinos;
MEACHAM ● Peoples who are regarded as indigenous on
● THE MULTIPLE HOMELAND HYPOTHESIS account of their descent from the
-BAYER populations that inhabited the country at
○ 1st wave - Indonesia to the the time of conquest or colonization, or of
Philippines inroads of non- indigenous religions and
○ 2nd Movement - Originated from cultures, or the establishment of present
Indonesia and dispersed state boundaries;
○ 3rd Wave - from Indochina ● People who may have been displaced from
○ 4th Wave - From Mainland China their traditional domains or who may have
● THE MELANESIAN HOMELAND HYPOTHESIS resettled outside their ancestral domains.
○ The movement of people originated
from Melanesia around 3,500 BC. Do you know?
● THE UNIQUE SOUTH CHINA SEA
HOMELAND HYPOTHESIS ● 12 MILLION IPs
○ Through linguistic evidence to ● The indigenous population is about 14% of
demonstrate the origins of the the country’s total population.
movements of people to the ● 110 Indigenous Groups
Philippines.
● OTHER THEORIES RIGHTS OF THE INDIGENOUS COMMUNITIES
○ From South China then proceeded to IN THE PHILIPPINES
the Malay Peninsula moving toward
Borneo and then finally through ● National Commission on Indigenous Peoples
Palawan Administrative Order No. 1 Series of 1998
○ The movement started from RULES AND REGULATIONS IMPLEMENTING
Southeastern China, to Indochina, REPUBLIC ACT NO. 8371, otherwise known
Malay Peninsula, then to Borneo, as
finally entering the Philippines ● “THE INDIGENOUS PEOPLES’ RIGHTS ACT
through different routes OF 1997”
○ Philippines started in China,
proceeding to Formosa, then to the FOUR CARDINAL RIGHTS
Batanes Islands until the group
scattered around the archipelago ● Rights to Ancestral Domain
and reached as far as Borneo ○ Rights of Ownership
○ Right toBenefits
○ Right to Safe and Clean water
○ Right to Stay in Territories and about
being displaced
○ Right to Develop Lands and Natural
WHO ARE THE INDIGENOUS PEOPLE? Resources
○ Right to Regulate Entry of Migrants
WHY IS THERE A NEED TO DEFINE THEM? and Other Entities
● Rights to Self Governance and
● SELF-IDENTIFICATION Empowerment
● EASIER FOR THEM TO BE ACCEPTED ● Social Justice and Human Right
● OPPORTUNITY TO BE HEARD OR SEEN ● Cultural Integrity

Indigenous

● “Indigen” - natives or original inhabitants

Who are the IP's in the Philippines?

● “Katutubo”
● A group of people or homogenous
societies identified by self-ascription and
ascription by others, who have continuously
lived as an organized community on
communally bounded and defined territory;"
● Those who have, under claims of ownership
since time immemorial, occupied, possessed
and utilized such territories, sharing

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