Salient Features of the RA 8371 or Indigenous Peoples Republic Act of the Phillipines.pptx

Salient Features of the RA 8371 or Indigenous Peoples Republic Act of the Phillipines

1. S A L I EN T FE A T U RE S O F R E P U B L I C A C T No. 8 3 71

2. WHAT IS ANCESTRAL DOMAIN? S ubject to Section 56 of this law, refer to 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, 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. (Section 3)

3. WHAT IS ANCESTRAL DOMAIN? S ubject to Section 56 of this law, refer to 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, 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. (Section 3)

4. WHAT IS ANCESTRAL DOMAIN? It shall include ancestral land, forests, pasture, residential, agricultural, and other lands individually owned whether alienable and disposable or otherwise, hunting grounds, burial grounds, worship areas, bodies of water, mineral and other natural resources, and lands which may no longer be exclusively occupied by ICCs/IPs but from which they traditionally had access to for their subsistence and traditional activities, particularly the home ranges of ICCs/IPs who are still nomadic and/or shifting cultivators.

5. WHAT IS ANCESTRAL LAND? Subject to Section 56 of this law, refers to 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 except when interrupted by war, force majeure or displacement by force, deceit, stealth, or as a consequence of government projects and other voluntary dealings entered into by government and private individuals/corporations, including, but not limited to, residential lots, rice terraces or paddies, private forests, swidden farms and tree lots. (Section 3)

6. WHAT IS THE “INDIGENOUS CONCEPT OF OWNERSHIP”? The indigenous concept of ownership generally holds that ancestral domains are the ICC’s/IP’s private but community property which belongs to all generations and therefore cannot be sold, disposed or destroyed . It likewise covers sustainable traditional resource rights. This concept sustains the view that ancestral domains and all resources found therein shall serve as the material bases of their cultural integrity. (Section 5)

7. WHAT ARE THE RIGHTS OF THE ICCS/IPS TO THEIR ANCESTRAL DOMAINS? 1] Rights of ownership and possession 2] Right to develop lands and natural resources 3] Right to stay in the territories 4.) Rights in case of displacement

8. WHAT ARE THE RIGHTS OF THE ICCS/IPS TO THEIR ANCESTRAL DOMAINS? a. In case of displacement caused by natural catastrophes, the State shall endeavor to resettle the displaced ICCs/IPs in suitable areas where they can have temporary life support system b. The displaced ICCs/IPs shall have the right to return to their abandoned lands until such time that the normalcy and safety of such lands shall be determined c. If their ancestral domain cease to exist and normalcy and safety of the previous settlements are not possible, displaced ICCs/IPs shall enjoy security of tenure over lands to which they have been resettled d. Basic services and livelihood shall be provided to them to ensure that their needs are adequately addressed.

9. WHAT ARE THE RIGHTS OF THE ICCS/IPS TO THEIR ANCESTRAL DOMAINS? 5] Right to regulate entry of migrants into the domains 6] Right to safe and clean air and water 7] Right to claim parts of the ancestral domains which have been reserved for various purposes, except those reserved and intended for common and public welfare and service; and

10. WHAT ARE THE RIGHTS OF THE ICCS/IPS TO THEIR ANCESTRAL DOMAINS? 8] Right to Resolve Conflict a. It must be in accordance with customary laws of the area where the land is located; and b. Only in default of such customary laws shall the complaints be submitted to amicable settlement and to the Courts of Justice whenever necessary.

11. WHAT ARE THEIR RIGHTS TO THEIR ANCESTRAL LANDS? 1] Right of ownership and possession 2] 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. 3] Right of Redemption (by the transferor ICC/IP) within a period not exceeding fifteen (15) years from the date of transfer a. When the transfer of land/property rights by virtue of any agreement or devise was made to a non- member of the concerned ICCs/IPs; and b. Such transfer is tainted by the vitiated consent of the ICCs/IPs, or is for an unconscionable consideration or price.

12. WHAT ARE THE RESPONSIBILITIES OF ICC s /IP s TO THEIR ANCESTRAL DOMAINS? 1] Maintain Ecological Balance 2] Restore Denuded Areas 3] Observe Laws

13. MAY ICC s OR IP s SECURE A TITLE OVER THE LANDS THEY ARE OCCUPYING? Yes. Under Section 12 of this law, an option to secure title to their ancestral lands under the provisions of Commonwealth Act 141, as amended, or the Land Registration Act 496, is granted to: 1) individual members of cultural communities, with respect to individually- owned ancestral lands

14. MAY ICC s OR IP s SECURE A TITLE OVER THE LANDS THEY ARE OCCUPYING? 2)predecessors- in - interest, have been in continuous possession and occupation of such land for a period of not less than thirty (30) years immediately preceding the approval of this Act and 3) such possession and occupation must be in the concept of an owner since the immemorial or uncontested by the members of the same ICCs/IPs.

15. Provisions of RA 7942 & IRR to ICCs and IPs

16. The Mining Act fully recognizes the rights of the Indigenous Peoples (IPs)/Indigenous Cultural Communities (ICCs) and respect their ancestral lands. In accordance with DENR Administrative Order No. 2, Series of 1993 , and consistent with the new Indigenous Peoples Rights Act (IPRA), the following shall be observed: Ancestral Lands and ICC Areas

17. No Mineral Agreements, FTAA, and Mining Permits shall be granted in ancestral lands/domains except with free and prior informed consent in: CADC/CALC areas; and areas verified by the DENR Regional Office and/or appropriate offices as actually occupied by Indigenous Cultural Communities under a claim of time immemorial possession Ancestral Lands and ICC Areas

18. Where written consent is granted by the ICCs, a royalty payment shall be negotiated which shall not be less than 1% of the Gross Output of the mining operations in the area. This Royalty shall form part of a Trust Fund for socio-economic well being of the ICCs in accordance with the management plan formulated by the ICCs in the CADC/ CALC area. Representation in the Multi-partite Monitoring Committee Ancestral Lands and ICC Areas

19. Considering the potential benefits and drawbacks for both indigenous communities and the mining industry, how does the Indigenous Peoples' Rights Act (IPRA) impact the exploration, development, and regulation of mining activities within ancestral domains in the Philippines? CONCLUSION

20. Thank you for your attention! END OF PRESENTATION