the indigenous peoples’ rights act of 1997 (ra. 8371)

Question 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

Answer 1

Republic Act No. 8371 or The Indigenous Peoples’ Rights Act of 1997

Question 2

Section 2 – Declaration of State Policies

Answer 2

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.

Question 3

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

Question 4

Rights to Ancestral Domains

Answer 4

DO SS CRCR
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.

Question 5

Rights to Ancestral Lands

Answer 5

a)Right to transfer land/property—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.
b)Right to Redemption.—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.

Question 6

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.

Answer 6

a)Right to transfer land/property

Question 7

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.

Answer 7

b)Right to Redemption

Question 8

Responsibilities of ICCs/IPs to their Ancestral Domains.

Answer 8

a) Maintain Ecological Balance.
b)Restore Denuded Areas
c)Observe Laws.

Question 9

To preserve, restore, and maintain a balanced ecology in the ancestral domain by protecting the flora and fauna, watershed areas, and other reserves

Answer 9

a) Maintain Ecological Balance

Question 10

To observe and comply with the provisions of this Act and the rules and regulations for its effective implementation.

Answer 10

c)Observe Laws.

Question 10

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

Answer 10

b)Restore Denuded Areas

Question 11

The State recognizes the inherent right of ICCs/IPs to ______________________ and _________________________ and respects the integrity of their values, practices and institutions.

Answer 11

self-governance and self-determination

Question 11

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 ________________________________________ 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.

Answer 11

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.

Question 11

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.

Answer 11

Support for Autonomous Regions.

Question 11

Consequently, the State shall guarantee the right of ICCs/IPs to freely pursue their economic, social and cultural development.

Answer 11

Self-Governance.

Question 11

Right to Self-Governance and Empowerment

Answer 11

• Self-Governance.
• Support for Autonomous Regions.
• Justice System, Conflict Resolution Institutions, and Peace Building Processes.
• Right to Participate in Decision-Making
• Right to Determine and Decide Priorities for Development.
• Tribal Barangays.
• Role of Peoples Organizations.
• Means for Development/Empowerment of ICCs/IPs.

Question 12

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.

Answer 12

Justice System, Conflict Resolution Institutions, and Peace Building Processes.

Question 12

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

Answer 12

Right to Participate in Decision-Making.

Question 13

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

Answer 13

Tribal Barangays

Question 13

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.

Answer 13

Right to Determine and Decide Priorities for Development.

Question 13

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.

Answer 13

Role of Peoples Organizations.

Question 14

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.

Answer 14

Means for Development/Empowerment of ICCs/IPs.

Question 14

Towards this end, the State shall, within the framework of national laws and regulations, and in cooperation with the ICCs/IPs concerned, adopt special measures to ensure the effective protection with regard to the recruitment and conditions of employment of persons belonging to these communities, to the extent that they are not effectively protected by laws applicable to workers in general

Question 14

Social Justice and Human Rights

Answer 14

1. Equal Protection and Non-discrimination of ICCs/IPs.
2. Rights During Armed Conflict.
3. Freedom from Discrimination and Right to Equal Opportunity and Treatment.

Question 15

ICCs/IPs shall have the right to association and freedom for all trade union activities and the right to conclude collective bargaining agreements with employers’ organizations. They shall likewise have the right not to be subject to working conditions hazardous to their health, particularly through exposure to pesticides and other toxic substances.

Question 16

Unlawful Acts Pertaining to Employment. — It shall be unlawful for any person:

Answer 16

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.

Question 17

It shall be unlawful for any person 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

Question 17

It shall be unlawful for any person 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.

Question 18

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.

Answer 18

Exemption from Taxes.

Question 19

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.

Answer 19

National Commission on Indigenous Peoples (NCIP)

Question 20

shall protect and promote the interest and well-being of the ICCs/IPs with due regard to their beliefs, customs, traditions and institutions

Answer 20

National Commission on Indigenous Peoples (NCIP)

Question 21

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.

Answer 21

National Commission on Indigenous Peoples (NCIP)

Question 22

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;

Question 22

Powers and Functions of National Commission on Indigenous Peoples (NCIP)

Answer 22

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; k) 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.

Question 23

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;

Question 23

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;

Question 24

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;

Question 24

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;

Question 24

e)  To issue certificate of ancestral land/domain title;

Question 25

h) To coordinate development programs and projects for the advancement of the ICCs/IPs and to oversee the proper implementation thereof;

Question 25

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;

Question 26

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;

Question 26

i)  To convene periodic conventions or assemblies of IPs to review, assess as well as propose policies or plans;

Question 27

k) To submit to Congress appropriate legislative proposals intended to carry out the policies under this Act;

Question 27

l) To prepare and submit the appropriate budget to the Office of the President;

Question 28

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;

Question 29

n) To decide all appeals from the decisions and acts of all the various offices within the Commission;

Question 30

o)  To promulgate the necessary rules and regulations for the implementation of this Act;

Question 31

p)  To exercise such other powers and functions as may be directed by the President of the Republic of the Philippines; and

Question 32

q)  To represent the Philippine ICCs/IPs in all international conferences and conventions dealing with indigenous peoples and other related concerns.