#1Tulgao Ancestral Domain, Tinglayan Kalinga Photo by Jason Umali IPRA AND NCIP GENOUS PEOPLES ON ON COMMISSION NATIONAL COMM 1997#2I. Constitutional Anchors adding the engl tario Commun of SAL "The State recognizes and promotes the rights of indigenous cultural communities within the framework of national unity and development" (1987 Constitution, Declaration of State Policies and Principles, Article II, Sec. 22) 2#3I. Constitutional Anchors "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 well being. The Congress may provide for the applicability of customary laws governing property rights or relations in determining the ownership and extent of ancestral domain. (1987, Constitution, National Economy and Patrimony, Article XII, Section 5) ASSERT INDIGENOUS PEOPLES RIGHT TO SELF DETERMINATION UPHOLD INDIGENOUS PEOPLES' RIGHT TO LAND AND LIFE! 3#4I. Constitutional Anchors "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." (1987 Constitution, Education, Science and Technology, Arts, Culture and Sports, Article XIV, Section 17) 4#5II. Republic Act 8371 Indigenous Peoples Rights Act (IPRA) The IPRA was signed into law on October 29, 1997 Landmark legislation to: - Correct Historical Injustice - Enforce Constitutional Mandates - Observe International Norms Salient Points -Native Title -4 Bundles of Rights: Ancestral Domains/Lands, Self-governance, Social justice and human rights, Cultural integrity -Creation of the NCIP -Delineation and recognition of ADS/ALS -Free and Prior Informed Consent -Primacy of customary laws -Quasi-judicial powers 5 сл#6A Indigenous Cultural Communities / Indigenous Peoples (ICCS/IPS) 6#7Indigenous Cultural Communities / Indigenous Peoples (ICCS/IPS) Homogenous societies • Continuously lived as organized community bounded and defined territory Occupied, possessed and utilized such territories since time immemorial under claims of ownership Sharing common bonds of language, customs, traditions, and other distinct cultural traits or who have become historically differentiated from the majority of the Filipinos 7#8ICCS/IPS There are at least 110 ethno-linguistic groups comprising the ICCS/IPs with a population of about 14 million based on extrapolation of Philippine population growth. 8#9Ethnographic Locations of ICCS/IPS ETHNOGRAPHIC MAP CORDILLERA & REGION I Bontoc; Balangao, Isneg, Tinggian,, Kankanaey Kalanguya, Karao, Ibaloi, Ayangan, Ifugao, Tuwali, Kalinga, Bago, Applai LA UNION ILOCOS NORTE APAYAO CAGAYAN CAGAYAN ILOCOS SUR KALINGA MT PROVINCE IFUGAD ISABELA BENGUE NUEVA VISCAYA QUIRING PANGASINAN AURORA NUEVA TARLAC AMPANGA BULACAN RIZA QUEZON NORTE ISLAND GROUPS Agutaynen, Tagbanua, Cagayanen, Cuyunon, Ke'ney, Batak, Pala'wan, Molbog, Iraya Mangyan, Hanunuo Mangyan, Alangan Mangyan, Buhid Mangyan, Tadyawan Mangyan, Batangan Mangyan, Gubatnon Mangyan, Ratagnon Mangyan, Ati,, Ati Sulod/Bukidnon, Magahat Korolanos, Ata, Bukidnon, Escaya, Badjao, Kongking ZAMBALES MINDORO M MINDORO ROMBL AKLAN CAPIZ ANTIQUE ILOILO NORTHERN & WESTERN MINDANAO Manobo, Subanen, Arumanen Manobo, Arakan Manobo, Teduray, Dibabawon, Banwaon, Bagobo, Ubo Manobo, Tagakaolo, Talaingod,, Langilan, Mamanwa, Higaonon, Blaan, T'boli, Kalagan, Tagabawa, Manobo Blit, Matigsalog, Tigwahanon, Tagabawa, Sangil SULU LEGEND: CAR and REGION I REGION II REST OF LUZON ISLAND GROUPS EASTERN & SOUTHERN MINDANAO CENTRAL MINDANAO NORTHERN & WESTERN MINDANAO REGION II, CARABALLO MOUNTAINS Agta, Kalanguya, Bugkalot, Isinai, Gaddang, Aggay, Dumagat, Ibanag, Itawis, Ivatan CATANDUANES CAMARIN SORSOGON N. SAMAR MASBATE NEGROS осс GUIMARAS BOHOL NEGROS LEYTE MISAMIS MIMIS SAMAR EASTERN GAMAN SO LEYTE SURIGAO DEL NORTE AGUSAN DEL NORT ZAMBOANGA NORTE AGUSAN BUKIDNON DEL SUR ANA ZAMBOANGA NORTE DEL SUR DAVAO MAGUIN ANAO NORTH COTABATO SULTAN KUDARAT BASILAN Soum COTABATO DAVAO DEL GUN DEL SUR DAVAO CENTRAL MINDANAO Aromanon, Tiruray, Bagobo, Ubo Manobo, Higaonon, Subanen, Maguindanao, Maranao, Iranon, Karintik Blaan Lambangian REST OF LUZON/SIERRA MADRE MOUNTAINS Aeta, Negrito. Baluga, Pugot, Abell ing, Agta, Dumagat, Remontado, Bugkalot, Cimaron, Kabihug, Tabangnon, Abiyan, (Aeta), Isarog, Itom SOUTHERN & EASTERN MINDANAO Manobo, Mandaya, Mansaka, Dibabawon, Banwaon. Bagobo, Ubo Manobo, Tagakaolo, Talaingod, Langilan, Mamanwa, Higaonon, Blaan, T'boli, Kalagan, Tagabawa, Mangguangan, Tigwahanon, Sangil, Agusan Manobo 9#10B Four Bundles of Rights Defined under IPRA 10#11Four Bundles of Rights Defined under IPRA Right to Ancestral Domains and Lands Right to Self-Governance and Empowerment Right to Social Justice and Human Rights Right to Cultural Integrity 11#12B.1 Ancestral Domains/ Lands Ownership; Develop & manage lands & natural resources; Stay in territories; Rights in case of displacement; Regulate entry of migrants; Claim reservations; Right to safe & clean air & water; Resolve conflict through customary law; To transfer ancestral lands; To redeem ancestral lands lost through vitiated consent. Note: Ancestral domains/lands are beyond the scope of the Regalian doctrine (Jura Regalia) 12#13B.1 Ancestral Domains/ Lands Native Title- refers to pre-conquest rights to lands and domains which, as far back as memory reaches, have been held under a claim of private ownership by ICCS/IPs, have never been public lands and are thus indisputably presumed to have been held that way since before the Spanish Conquest (Section 31, RA 8371) Ancestral Domains- all areas generally belonging to ICCS/IPs comprising lands, inland waters, coastal areas, and natural resources therein, held under a claim of ownership, occupied or possessed by ICCS/IPs, by themselves or through their ancestors, communally or individually since time immemorial, continuously to the present except when interrupted by war, force majeure or displacement by force, deceit, stealth or as a consequence of government projects or any other voluntary dealings entered into by government and private individuals/corporations, and which are necessary to ensure their economic, social and cultural welfare. xxx xxx (Section 3a, RA 8371) 13#14B.1 Ancestral Domains/ Lands Ancestral Lands- land occupied, possessed and utilized by individuals, families and clans who are members of the ICCS/IPS since time immemorial, by themselves or through their predecessors-in-interest, under claims of individual or traditional group ownership, continuously, to the present (Section 3b, RA 8371) * ADS/ALs cover not only the physical environment but the total environment including the spiritual and cultural bonds to the areas. * ADs are private but community property; cannot be sold, disposed or destroyed. 14#15B.2. Right to Self-Governance and Empowerment ➤ Freely pursue economic, social & cultural well-being; Free Prior Informed Consent in use of resources therein; Use commonly accepted justice system/conflict resolution institutions/peace building processes/customary laws; Participate in decision-making that may affect them; Mandatory representation in policy-making bodies & local legislative councils; Determine Determine their own priorities; Organize; Granted means to fully develop their institutions & initiatives 15#16B.3. Social Justice & Human Rights ➤ Equal protection & non-discrimination Rights during armed conflict ➤ Equal opportunity & treatment ➤ Basic services ➤ Protection to women, children & youth ➤ Integrated system of education 16#17**B.4. Right to Cultural Integrity Protection of culture, traditions and institutions. These must be considered in the formulation and application of national plans and policies; Access to cultural opportunities Recognition of cultural diversity Practice & revitalize their customs & traditions & the state must protect manifestations thereof Religious, cultural sites archaeological & historical sites & ceremonies; funds for Ownership and recognition of cultural and intellectual rights [IKSP] 17#18The Indigenous Peoples, Ancestral Domains, and Spirituality constitute the principle that.... Land is life 18#19Ancestral domains are so replete with wonders of nature and rich biodiversity: Teeming forests and lush of green environment, beauteous natural landscapes, diverse flora and fauna, sustained source of livelihood, market and pharmacy and a cultural heritage. 19#20LOCATION TOTAL AREA AN PHILIPPINE MAP SHOWING APPROVED CADTS as of December 2017 NATIONAL COMMISSION ON INDIGENOUS PEOPLES W of M 219 CADES CRAND 5.301,422.0930 Has BENEFICIARIES GRAND 1,200,968 TOTAL Some esbject for change amendment NEP ADD-0 Pret eder 2017 20 20#21Map Showing the Approved CADTS Total CADT no: 135 Hectares: 4,188,838.57 Population: 1,551,221 ADSDPP no: 162 CADT Certificate of Ancestral Domain Title - ADSDPP - Ancestral Domain Sustainable Development Protection Plan m 21#22ADSDPP ● ■ The plan of ICC/IPS in a given ancestral domain for the sustainable management and development of their land and natural resources, and human and cultural resources. A long term spatial and comprehensive development plan. 22 22#23The ADSDPP • It is a tool for the empowerment of the IP community • Documents the policies and mechanisms for recognizing and promoting the rights of ICCS/IPS and their rights to ancestral domains#24Key Features of the ADSDPP • Indigenous Knowledge Systems & Practices- based • IP Rights-based Ancestral Domain-based • Community-based Initiated by the concerned IC/IP community • Emphasis on socio-cultural preservation • Gender-sensitivity • Written in the vernacular#25NCIP Administrative Order No. 3 Series of 2012 THE REVISED GUIDELINES ON FREE AND PRIOR INFORMED CONSENT (FPIC) AND RELATED PROCESSES of 2012 25#26INSTRUCTIONS FOR USE Sec. 59. Certification Precondition - all departments and other governmental agencies shall henceforth be strictly enjoined from issuing, renewing, or granting any concession, license or lease, or entering into any production-sharing agreement, without prior certification from the NCIP that the area affected does not overlap any ancestral domain. Such certification shall only be issued after a field-based investigation is conducted by the Ancestral Domains Office of the area concerned: Provided, that no certification shall be issued by the NCIP without the free and prior informed and written consent of ICCS/IPs concerned: Provided, further, that no department, government agency or government-owned or controlled corporation may issue new concession, license, lease, or production sharing agreement while there is a pending application for a CADT: Provided, finally, that the ICCs/lps shall have the right to stop or suspend, in accordance with this Act, any project that has not satisfied the requirement of this consultation process. 26#27Certification Precondition issued (FPIC) -379- 27#28Endorsed Application Application Direct Application Regional Office CNO Pre-FPIC Conference Payment of FPIC Fee First Community Assembly Posting of Bond FBI Proper Pre-FBI Conference Within 10 days Preparation of WFP & Payment of FBI Fee Second Community Assembly Consensus- building period MOA Drafting Validation & Signing ROC RRT → RD ADO MoA final review by LAO CEB Deliberation RNC Request for Reconsideratio YES Community NO Validation#29Validation Process " Orders Field Validation • RD constitutes Validation Team Request for Validation Field Validation Report to RD Interview elders/leaders and other community members * Transmitted to ERC for Concurrence copy furnished ADO * Transmitted to Chairperson for confirmation Preparation of CP 29#30• Salient Provisions No similar application in one ancestral domain Reports are under oath Dormant CP and inactive application Posting of bond • Royalties/CRDP Reconsideration Non-transferability Visitorial and monitoring powers 30#31Prohibited Acts 1. The applicant Employment of threat, coercion, or intimidation; Bribery. 2. NCIP Officer or employee Acceptance or receipt of money, gifts, or any valuable things from the applicant; Use of falsified narration of facts. 3. IP community or member and/or Elder/leader Solicitation and acceptance or receipt of gifts, money or other valuable things from the applicant; consorting or mediating with the applicant to unduly influence the result of the FPIC Process. 4. NGOs/ CSO/,GAS/LGUs/Other Groups Undue influence or interference with the FPIC process or to the community. 31#32COMMISSION NATIONAL 1997 ON DICENOUS PEOPLES III. The National Commission on Indigenous Peoples Website: www.ncip.gov.ph Phone Trunk line: 025751200 32#33. . . Mandate The NCIP shall protect and promote the interest and well-being of indigenous peoples with due regard to their: ■ beliefs ■ customs ■ traditions, and ■ institutions (Section 39, IPRA) within the framework of national unity and development. (Section 22, Article II, 1987 Philippine Constitution) 33#34C. MAJOR FUNCTIONS ADMINISTRATIVE/ EXECUTIVE to implement/ operationalize RA 8371 QUASI-LEGISLATIVE for the efficient, effective and economical implementation of the law QUASI-JUDICIAL to construe and apply the law on cases brought within its jurisdiction. Appeal from its decision maybe brought to the Court of Appeals. 34#35D. ORGANIZATIONAL STRUCTURE OF NCIP Functions: 1. Administrative & Executive 2. Quasi-Legislative 3. Quasi-Judicial COA COMMISSION EN BANC Office of the Chairman Consultative Body Function: Chief Executive Officer Office of the Executive Director Function: Secretariat to the Commission/Coo Function: Quasi-judicial COC CO- 116 FOS - 1,472 Total Personnel = 1,588 OSESSU C RHO OEHR OECH 12 Regional Offices (300 Personnel) LAT FAO Functions: 1. Planning/ Budgeting 2. Coordination/ Networking 3. Monitoring/ Evaluation 4. Facilitation OPPR ADO 46 Provincial Offices (414 Personnel) Functions: Field/ Operation Managers 1. Implementation 2. Supervision 3. Monitoring 108 Community Service Centers (756 Personnel) 4. Reporting 35#36NCIP PROGRAMS Policy Services Ancestral Domain / Land Titling Services Indigenous Peoples Rights Protection Services Human, Economic and Environmental Development and Protection Services 36#37O THANK YOU! For queries, you can reach us at: [email protected] Trunkline: 575-1200 37