IP Rights Flashcards
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 THEREFORE, AND FOR OTHER
PURPOSES
REPUBLIC ACT NO. 8371
Section 2 – Declaration of State Policies
The State shall recognize and promote all the rights of Indigenous Cultural Communities/Indigenous Peoples (ICCs/IPs) hereunder enumerated within the framework of the Constitution:
a) The State shall recognize and promote the rights of ICCs/IPs within the framework of national unity and development;
b) The State shall protect the rights of ICCs/IPs to their ancestral domains to ensure their economic, social and cultural well being and shall recognize the applicability of customary laws governing property rights or relations in determining the ownership and extent of ancestral domain;
c) The State shall recognize, respect and protect the rights of ICCs/IPs to preserve and develop their cultures, traditions and institutions. It shall consider these rights in the formulation of national laws and policies;
d) The State shall guarantee that members of the ICCs/IPs regardless
of sex, shall equally enjoy the full measure of human rights and
freedoms without distinction or discrimination;
e)The State shall take measures, with the participation of the ICCs/IPs concerned, to protect their rights and guarantee respect for their cultural integrity, and to ensure that members of the ICCs/IPs benefit on an equal footing from the rights and opportunities which national laws and regulations grant to other members of the population; and
f) The State recognizes its obligations to respond to the strong expression of the ICCs/IPs for cultural integrity by assuring maximum ICC/IP participation in the direction of education, health, as well as other services of ICCs/IPs, in order to render such services more responsive to the needs and desires of these communities.
Towards these ends, the State shall institute and establish the necessary mechanisms to enforce and guarantee the realization of these rights, taking into consideration their customs, traditions, values, beliefs, interests and institutions, and to adopt and implement measures to protect their rights to
their ancestral domains.
Rights to Ancestral Domains
a) Right of Ownership
b) Right to Develop Lands and Natural Resources.
c) Right to Stay in the Territories.
d) Right in Case of Displacement.
e) Right to Regulate Entry of Migrants.
f) Right to Safe and Clean Air and Water.
g) Right to Claim Parts of Reservations.
h) Right to Resolve Conflict.
Such right shall include the right
to transfer land or property rights to/among members of the same
ICCs/IPs, subject to customary laws and traditions of the community
concerned.
Rights to Ancestral Lands
a) Right to transfer land/property.
In cases where it is shown that the transfer
of land/property rights by virtue of any agreement or devise, to a non-member of the concerned ICCs/IPs is tainted by the vitiated consent of the ICCs/IPs, or is transferred for an unconscionable consideration or price, the transferor ICC/IP shall have the right to redeem the same within a period not exceeding fifteen (15) years from the date of transfer.
Rights to Ancestral Lands
b) Right to Redemption
— To preserve,
restore, and maintain a balanced ecology in the
ancestral domain by protecting the flora and fauna,
watershed areas, and other reserves;
Responsibilities of ICCs/IPs to
their Ancestral Domains.
a) Maintain Ecological Balance.
— To actively initiate,
undertake and participate in the reforestation of
denuded areas and other development programs
and projects subject to just and reasonable
remuneration; and
Responsibilities of ICCs/IPs to
their Ancestral Domains.
b) Restore Denuded Areas.
— To observe and comply with the
provisions of this Act and the rules and regulations
for its effective implementation.
Responsibilities of ICCs/IPs to
their Ancestral Domains.
c) Observe Laws.
— The State recognizes the inherent right of
ICCs/IPs to self-governance and self-determination and
respects the integrity of their values, practices and institutions.
Consequently, the State shall guarantee the right of ICCs/IPs
to freely pursue their economic, social and cultural
development
Right to Self-Governance
and Empowerment
Self-Governance
— The State shall continue
to strengthen and support the autonomous regions created
under the Constitution as they may require or need. The State
shall likewise encourage other ICCs/IPs not included or outside
Muslim Mindanao and the Cordilleras to use the form and
content of their ways of life as may be compatible with the
fundamental rights defined in the Constitution of the Republic
of the Philippines and other internationally recognized human
rights.
Support for Autonomous Regions
The ICCs/IPs shall have the right to use their own commonly
accepted justice systems, conflict resolution institutions, peace building
processes or mechanisms and other customary laws and practices within
their respective communities and as may be compatible with the national
legal system and with internationally recognized human rights.
Justice System, Conflict Resolution Institutions, and Peace Building
Processes.
— ICCs/IPs have the right to
participate fully, if they so choose, at all levels of decision-making in
matters which may affect their rights, lives and destinies through
procedures determined by them as well as to maintain and develop their
own indigenous political structures. Consequently, the State shall ensure
that the ICCs/IPs shall be given mandatory representation in policy-making
bodies and other local legislative councils
Right to Participate in Decision-Making.
— The ICCs/IPs
shall have the right to determine and decide their own priorities for
development affecting their lives, beliefs, institutions, spiritual well-being,
and the lands they own, occupy or use. They shall participate in the
formulation, implementation and evaluation of policies, plans and programs
for national, regional and local development which may directly affect them.
Right to Determine and Decide Priorities for Development.
— The ICCs/IPs living in contiguous areas or
communities where they form the predominant population but
which are located in municipalities, provinces or cities where
they do not constitute the majority of the population, may
form or constitute a separate barangay in accordance with the
Local Government Code on the creation of tribal barangays.
Tribal Barangays.
— The State shall recognize
and respect the role of independent ICCs/IPs organizations to
enable the ICCs/IPs to pursue and protect their legitimate and
collective interests and aspirations through peaceful and lawful
means.
Role of Peoples Organizations.
— The
Government shall establish the means for the full
development/empowerment of the ICCs/IPs own institutions
and initiatives and, where necessary, provide the resources
needed therefor
Means for Development/Empowerment of ICCs/IPs.
Social Justice and Human Rights
- Equal Protection and Non-discrimination of ICCs/IPs.
- Rights During Armed Conflict.
- Freedom from Discrimination and Right to Equal Opportunity
and Treatment.
a) To discriminate against any ICC/IP with respect
to the terms and conditions of employment on
account of their descent. Equal remuneration
shall be paid to ICC/IP and non-ICC/IP for work
of equal value; and
b) To deny any ICC/IP employee any right or
benefit herein provided for or to discharge them
for the purpose of preventing them from enjoying
any of the rights or benefits provided under this
Act.
Unlawful Acts Pertaining to Employment.
— All lands certified to be
ancestral domains shall be exempt from real property
taxes, special levies, and other forms of exaction except
such portion of the ancestral domains as are actually
used for large-scale agriculture, commercial forest
plantation and residential purposes or upon titling by
private persons: Provided, That all exactions shall be
used to facilitate the development and improvement of
the ancestral domains.
Exemption from Taxes.
which shall be the 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 the rights thereto.
National Commission on Indigenous Peoples (NCIP)
The NCIP shall protect and promote the interest and well-being of the ICCs/IPs with due
regard to their beliefs, customs, traditions and institutions
Mandate
The NCIP shall be an independent agency under the Office of the President and shall
be 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 of the Philippines from a list of
recommendees submitted by authentic ICCs/IPs: Provided, That the seven (7) Commissioners shall be
appointed specifically from each of the following 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:
Provided, That at least two (2) of the seven (7) Commissioners shall be women.
Composition
National Commission on Indigenous Peoples (NCIP)
Powers and Functions
a) To serve as the primary government agency through which ICCs/IPs can seek government assistance and as the medium, through which such assistance may be extended;
b) To review and assess the conditions of ICCs/IPs including existing laws and policies pertinent thereto and to propose relevant laws and policies to address their role in national development;
c) 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;
d) To request and engage the services and support of experts from other agencies of government or employ private experts and consultants as may be required in the pursuit of its objectives;
e) To issue certificate of ancestral land/domain title;
f) Subject to existing laws, to enter into contracts, agreements, or arrangement, with government or private agencies or entities as may be necessary to attain the objectives of this Act, and subject to the approval of the President, to obtain loans from government lending institutions and other lending institutions to finance its
programs;
g) To negotiate for funds and to accept grants, donations, gifts and/or properties in whatever form and from whatever source, local and international, subject to the approval of the President of the Philippines, for the benefit of ICCs/IPs and administer the same in accordance with the terms thereof; or in the absence of any
condition, in such manner consistent with the interest of ICCs/IPs as well as existing laws;
h) To coordinate development programs and projects for the advancement of the ICCs/IPs and to oversee the proper implementation thereof;
i) To convene periodic conventions or assemblies of IPs to review, assess as well as propose policies or plans;
j) To advise the President of the Philippines on all matters relating to the ICCs/IPs and to submit within sixty (60) days after the close of each calendar year, a report of its operations and achievements) To submit to Congress appropriate legislative proposals intended to carry out the policies under this Act;
l) To prepare and submit the appropriate budget to the Office of the President;
m) To issue appropriate certification as a pre-condition to the grant of permit, lease, grant, or any other similar authority for the disposition, utilization, management and appropriation by any private individual, corporate entity or any government agency, corporation or subdivision thereof on any part or portion of the
ancestral domain taking into consideration the consensus approval of the ICCs/IPs concerned;
n) To decide all appeals from the decisions and acts of all the various offices within the Commission;
o) To promulgate the necessary rules and regulations for the implementation of this Act;
p) To exercise such other powers and functions as may be directed by the President of the Republic of the Philippines; and
q) To represent the Philippine ICCs/IPs in all international conferences and conventions dealing with indigenous peoples and other related concerns
