Indigenous People

It refers 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.

Historical Background
1982 - The establishment of UN Working
Group on Indigenous Populations (WGIP).
Drafting the Declaration from 1984 1993.
1995 Working Group on the Draft
Declaration (WGDD) was formed under the
Sub-Commission on Human Rights.
June 2006 UN Human Rights Council (HRC)
adopted the Draft Declaration.
September 13, 2007 UN General Assembly
(GA) adopted the United Nations Declaration
on the Rights of Indigenous Peoples (UNDRIP)

Preamble
Statements of historical reference and reiterations of
international instrument that uphold the fundamental rights
of indigenous peoples.
It contains references to existing international human rights
standards and basic principles of international law, the charter
of United Nations, the ICESCR, the ICCPR, the ICERD and the
principle on the equal application of the rights of selfdetermination to all people.
Concerned that indigenous peoples have suffered from
historic injustice.
Recognizes that respect for indigenous peoples knowledge,
cultural and traditional practices contribute to sustainable
development and to the protection of the environment.

46 Operational Articles:
Divided into 10 parts:
Part 1 (art. 1 to 5): general principles, including the
recognition of the rights to self-determination.
Part 2 (art. 6 to 11): affirm the right of every individual
among the indigenous peoples to a nationality, as well as the
rights of indigenous peoples to physical existence, integrity
and security, and to full guarantees against genocides, forced
population transfer, and dislocation, and against the removal
of indigenous children from their families and communities.
(FPIC in the matter of relocation)

 Part 3 (art. 12 to 14): Proclaims the rights connected with the

cultural, spiritual and linguistic identity of indigenous
peoples.
Part 4 (art. 15 to 16): Enumerates rights related to education
and information, such as the right to set up indigenous
educational institutions ; the right of access to education in
indigenous languages and cultures; the right of access to
mass media; the right to appropriate portrayal of indigenous
culture in such media.
Part 5 (art. 17): is about international labor law and national
labour legislation concerning standards and guarantees
against child labor and other violations of labor standards.
Part 6 (art. 18 to 24): Enumerates various rights related to
decision-making and development without discrimination.

 Part 7 (art. 25 to 34): deals with right to lands, territories and

the resources. The principle of FPIC regarding project affecting
indigenous lands and other resources is reiterated. Military
activities are prohibited from the lands and territories of
indigenous peoples unless justified by a significant threat to
public interest, or freely agreed to or requested by indigenous
peoples concerned.
Part 8 (art. 35): upholds the right of indigenous peoples to
define the responsibilities of individuals to their communities.
Part 9 (art. 36 to 37): deals with the right of indigenous
peoples across borders, and relation to states with whom they
have forged treaties.

 Part 10 (art. 38 to 46): deals with the obligation of states to

take effective and appropriate measures in order to achieve
the purposes of the Declaration. It also specifies the right to
access the financial and technical assistance from states and
international corporation; right to have access to and prompt
decision through just and fair procedures for the resolution of
conflicts and disputes states or other parties.

It is also possible to divide it into provision regarding

particular thematic areas, such as:
Self-Determination and self-governance
Lands, territories and resources
Free, Prior and Informed Consent
Development
Cultural right, Health, Education

Indigenous People in the Philippines

The country has an estimated 100 million
population.
According to International Work Group for
Indigenous Affairs Philippines, the country's
indigenous population thus continues to be at
between 10 and 20 % of the population.
Majority of these IPs are found in Mindanao,
mountainous areas of Luzon and Visayas.

ICCs/IPs in the Country

Negrito Groups: Agta, Ati, Ayta
Palawan Tribes: Batak, Palawano, Palaweo,
Tagbanwa, Tau't Bato
Mangyan: Alangan, Bangon, Buhid, Hanunoo,
Iraya, Ratagnon, Tadyawan, Tawbuid
Chavacano: Caviteo, Cotabateo, Davaoeo,
Ermiteo, Ternateo, Zamboangueo
Cordillera Ethnolinguistic Groups: Bontoc,
Ibaloi, Ifugao, Ikalahan, Isneg, Itneg, Kalinga,
Kankana-ey

ICCs/IPs in the Region

As of June 2007, there are only 46, 841
registered IPs region wide out of the
estimated IP population in the region of 213,
311. Agtas in Bicol, which form part of this
populace, are further subdivided into the sub
tribes of Agta Tabangon, Agta Cimaron, Agta
Taboy and the Kabihugs of Camarines Norte.

Situation of indigenous peoples in the

Philippines
IP in the Philippines generally live in geographically
isolated areas with a lack of access to basic social
services and few opportunities for economic
activities or political participation. They are the
people with the least education and the least
meaningful political representation.
In contrast, commercially valuable natural resources
such as minerals, timber and water are concentrated in
their areas, making them continuously vulnerable to
development aggression from both private and public
extractive industries.

Legal Framework: 1987 Constitution

Sec. 22 of Art. II
The State recognizes and promotes the rights of
indigenous cultural communities within the framework of
national unity and development.

Sec. 5 of Art. XII

The

State, subject to the

provisions of this Constitution and
national development policies and
programs, shall protect the rights of
indigenous cultural communities to
their ancestral lands to ensure their
economic, social, and cultural wellbeing.
The Congress may provide for the
applicability of customary laws
governing
property
rights
or
relations
in
determining
the
ownership and extent of ancestral
domain.

Sec. 6 of Art. XIII

The State shall apply the
principles of agrarian reform
or stewardship, whenever
applicable in accordance
with law, in the disposition or
utilization of other natural
resources, including lands of
the public domain under
lease or concession suitable
to agriculture, subject to prior
rights, homestead rights of
small settlers, and the rights
of indigenous communities to
their ancestral lands.

Sec. 17 of Art. XIV

The State shall recognize, respect, and

protect the rights of indigenous cultural

communities to preserve and develop their
cultures, traditions, and institutions. It shall
consider these rights in the formulation of
national plans and policies.

The Indigenous Peoples Rights Act

In 2012, the Republic Act 8371, known as the
Indigenous Peoples Rights Act (IPRA)
commemorated the 15th year since its
promulgation. The law calls for respect for
indigenous peoples cultural integrity, right to
their lands and right to self-directed
development of these lands.

Legal Bases of the Indigenous Peoples

Rights Act
1987 Constitution
ILO Convention 169
Draft Declaration on the Rights of
Indigenous Peoples
Native Title

Bundles of Rights under IPRA

Rights to Ancestral Domains and Lands
Rights to Self-Governance and Empowerment
Rights to Social Justice and Human Rights
Rights to Cultural Integrity

Rights to Ancestral Domain

Ownership: To develop and manage lands and
natural resources;
Stay in territories, in case of displacement,
regulate entry of migrants;
Rights to claim reservations; a safe and clean air,
water;
Resolve conflicts to customary law

Rights to Self-Governance and

Empowerment
Freely pursue their economic, social and cultural
development; Use commonly accepted justice
systems, conflict resolution institutions, peace
building mechanisms and other customary laws.
Participate in decision-making that may affect
their lives and to maintain and develop their
own indigenous political structures.
Representation in policy-making bodies and local legislative councils;

Determine their own priorities for development; To

organize (IPO); and to be granted means to
develop their own institutions and initiatives.

Right to Social Justice & Human Rights

The equal protection and non-discrimination.
The fundamental human rights and freedoms
enshrined in the constitution and relevant
international instruments are guaranteed to
ICCs/IPs Rights during armed conflict.

Non-discrimination and equal opportunity and

treatment to basic services, Integrated system of
Educational rights of women, youth and children.

Right to Cultural Integrity

To preserve & protect their culture, traditions
institutions;
Access to various cultural opportunities;
Dignity and diversity of cultures;
Community intellectual rights;
Religious, cultural sites and ceremonies;
IKSPs and develop their own science &
technologies;
Protect their resources and FPIC;
Sustainable agro-technological development;
Funds for archeological, historical sites & artifacts.

The National Commission on

Indigenous Peoples (NCIP)
shall be the primary government agency responsible for the
formulation and implementation of policies, plans and programs
under IPRA.
NCIP exercices administrative, quasi-legislative & quasi-judicial
functions/powers.
composed of seven (7) Commissioners belonging to ICCs/IPs, one (1)
of whom shall be the Chairperson. The Commissioners shall be
appointed by the President representing each of the ethnographic
areas: Region I and the Cordilleras; Region II; the rest of Luzon; Island
Groups including Mindoro, Palawan, Romblon, Panay and the rest of
the Visayas; Northern and Western Mindanao; Southern and Eastern
Mindanao; and Central Mindanao.

Powers and Functions

To serve as the primary government
agency through which ICC/IPs can seek
government assistance and as the medium,
through which such assistance can be
extended;
To formulate and implement policies,
plans, programs and projects for the
economic, social and cultural development
of the ICCs/IPs and to monitor the
implementation thereof

Powers and Functions

To issue ancestral land/domain titles
To issue certification as a pre-condition to
the grant of permit, lease, grant, or any
other similar authority for the disposition,
utilization, management and appropriation
of the ancestral domain after the getting
the mandatory consensus approval of the
ICCs/IPs

Powers and Functions

To convene periodic assemblies IPs to
review, assess as well as propose policies
or plans;
To decide all appeals from the decisions
and acts of the various offices within the
Commission and overall claims and
disputes involving rights of Ips.

Implementing Guidelines
AO2, s. 2002, Titling of Ancestral Domain
AO3, s. 2002, Issuance of Free and Prior Informed
Consent
AC1, s. 2003, Rules and Procedures of Pleadings
AO1, s. 2003, Convening of the Indigenous Peoples
Consultative Body
AO1, s. 2004, Formulation of the Ancestral Domains
Sustainable Development and Protection Plan

Major Programmes
Land Tenure Security (Certificate of
Ancestral Domain / Land Title CADT/CALT)
Establishing Model AD Communities
through Development and Peace
Enforcement of Human Rights and
Empowerment of IPs

Land Tenure Security

(Quasi-Judicial Function)
Titling and delineation of Ancestral
Domains
Issuance of CADTs/CALTs and its
Registration to Land Registration
Authority
Adjudication of cases

Establishing Model AD Communities through

Development and Peace (Adm. Function)
Development of Ancestral Domains through the Ancestral Domains
Sustainable Development Protection Plan (ADSDPP)
Development of People and Communities through:
* Coordination in the delivery of Basic Services, especially
Livelihood Support, Health Care, Relief and Rehabilitation in case of
Disaster and Calamities;
* Educational Assistance
* Bridging International Agencies Support Services

Protection and Enhancement of the Cultural Heritage of the Indigenous

Peoples
Cultural Mapping of all IP Communities

Enforcement of Human Rights and

Empowerment of IPs (Adm. Function)
Assistance in the Resolution of conflicts thru
Customary Laws and Tradition and Practices
Facilitation in Obtaining the FPIC of IPs where
needed
Legal Assistance involving Community Interest
Constitution of Consultative Body (CB)
Quick Response Mechanism to Address
Emergency Cases (STRAT-QRU)

Status of Implementation
Administrative Order No. 1, Series of 1998 creates the
RULES AND REGULATIONS IMPLEMENTING REPUBLIC
ACT NO. 8371, OTHERWISE KNOWN AS THE
INDIGENOUS PEOPLES RIGHTS ACT OF 1997
In the case of Cruz vs NCIP, Petitioners assail the
constitutionality of the provisions of the IPRA and its
Implementing Rules on the ground that they amount to
an unlawful deprivation of the States ownership over
lands of the public domain as well as minerals and
other natural resources therein, in violation of the
regalian doctrine embodied in Section 2, Article XII of
the Constitution.

The court voted and arrived equally divided (7 to 7) and the necessary
majority was not obtained, the case was redeliberated
upon. However, after redeliberation, the voting remained the
same. Accordingly, pursuant to Rule 56, Section 7 of the Rules of
Civil Procedure, the petition is DISMISSED.

J. Puno in his separate opinion,

When Congress enacted the Indigenous Peoples Rights Act (IPRA), it
introduced radical concepts into the Philippine legal system which
appear to collide with settled constitutional and jural precepts on
state ownership of land and other natural resources. The sense and
subtleties of this law cannot be appreciated without considering its
distinct sociology and the labyrinths of its history. This Opinion
attempts to interpret IPRA by discovering its soul shrouded by the
mist of our history. After all, the IPRA was enacted by Congress not
only to fulfill the constitutional mandate of protecting the
indigenous cultural communities' right to their ancestral land but
more importantly, to correct a grave historical injustice to our
indigenous people.

Status of Implementation
PERCENTAGE OF APPROVED CADTs/CALTs
OVER ESTIMATED TARGET OF ADs
CADT/CALT
applications
4,878,883.65 Has.
81% of total
target

CADT/CALT

81 % of 6M

19%
19%

57 CADTs & 171

CALTs
1,121,116.35Has.
245,154 Rights
Holders
19% of total target

Status of Implementation
Land Rights

57 CADTs = 1,116,260.5047 has.

172 CALTs=4,838.2352 has.
Total area of approved CADTs & CALTs = 1,121,098.7381 has.
Social Justice and Human Rights

Ancestral Domain Sustainable Development Protection Plan (ADSDPP) formulated for

21 areas (85 areas - ongoing formulation)
Self-Governance and Empowerment
34 Recognized Indigenous Peoples Organizations
Tribal customary law used for conflicts where parties are indigenous
Indigenous Peoples Consultative Body (IPCB)
Cultural Integrity
Small-scale livelihood projects
Educational Assistance Program - 11,222 grantees

Policy Gaps on the Implementation

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;

Policy Gaps on the Implementation

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 women;
Prevalence of abuse and violence against women
(VAW) in most IP communities.

Pending bills in Congress

National Land Use Act harmonization of the several, often
conflicting, laws on land ownership and usage, including
Ancestral domains.
Philippine Mineral Resources Act consideration of mining
within the context protecting indigenous peoples
environment.
Indigenous Peoples Education System Act
institutionalization of learning systems appropriate to IPs
Indigenous Community Conserved Areas Act recognition and
protection to areas sacred to Ips.
Anti Discrimination Act inclusion of recognition of ones
ethinicity.