Indigenous Peoples' Rights Act of 1997

The Indigenous Peoples' Rights Act of 1997 (IPRA), officially designated as Republic Act No. 8371, is a Philippine law that recognizes and promotes the rights of indigenous cultural communities and Indigenous peoples in the Philippines.

History

Early beginnings In 1909, in the case of Cariño vs. Insular Government, the court has recognized long occupancy of land by an Indigenous member of the cultural communities as one of private ownership (which, in legal concept, is termed "native title"). This case paved the way for the government to review the so-called "native title" or "private right." In the year 1919, the Second Public Land Act was enacted, recognizing the right of ownership of any native of the country who, since July 4, 1907, or prior thereto, has continuously occupied and cultivated, either by himself or through his predecessors-in-interest, a tract of agricultural public land.

In 1936, Commonwealth Act No.141, amended by R.A. 3872 of 1964, was passed which provides that members of the national cultural minorities who have resided on agricultural, public land since July 4, 1955, are entitled to recognition of ownership whether or not the land has been certified as "disposable." They shall be conclusively presumed to have performed all conditions essential to a government grant and shall be entitled to a certificate of title.

In the 1970s, the laws protecting Indigenous people's lands expanded to territorial and bigger domains. Under Bureau of Forestry Administrative Order No. 11 of 1970, all forest concessions were made subject to the private rights of cultural minorities within the area as evidenced by their occupation existing at the time a license is issued by the government. The Revised Forestry Code of 1975 (Presidential Decree 705 under President Marcos) defines this "private right" of as "places of abode and worship, burial grounds and old clearings."

In 1978, the Presidential Arm for National Minorities (PANAMIN) was authorized to design, implement and maintain settlements among the National Minorities. Prior to this, a Presidential Decree was issued in 1974, "declaring all agricultural lands occupied and cultivated by members of the national Cultural Communities since 1964 as alienable and disposable, except the islands of Panay and Negros and the provinces of Abra, Quezon, Benguet and Camarines which became effective on March 11, 1984."

The most recent laws before the Indigenous People's Rights Act of 1997 was passed which recognize the existence of ancestral land right are the Organic Act of Autonomous Region in Muslim Mindanao (RA 6734, 1989), and the Organic Act for the Cordillera Autonomous Region (RA 6766, 1989).

Under the Constitution of the Philippines The 1987 Philippine Constitution mandates state recognition, protection, promotion, and fulfillment of the rights of Indigenous peoples in the Philippines.

Historical evolution of RA 8371 The decrees that have been passed fail to encompass all the needs of the indigenous people primarily because of failure in implementation and sole focus on the land and domains only.

Because of this, a more comprehensive law is needed that "seeks to stop prejudice against indigenous people through recognition of certain rights over their ancestral lands, and to live in accordance recognize and protect the rights of the indigenous people not only to their ancestral domain but to social justice and human rights, self-determination and empowerment, and their cultural integrity," This then gave birth to movements for a comprehensive law that will protect not only the lands, but human rights of the Filipino indigenous people.

CIPRAD or the Coalition for Indigenous People's Rights and Ancestral Domains is an alliance of Indigenous People's Organizations (IPOs) and non-government organizations (NGOs) created to pursue the advocacy for IP rights and ancestral domains. The Coalition is participated by IPOs in the Cordillera, Region I, Nueva Vizcaya, Cagayan, Caraballo, Sierra Madre, Quezon, Aurora, Quirino, Nueva Ecija, Zambales, Pampanga, Bulacan, Mindoro Occidental, Palawan, Panay, Davao, Cagayan, Cotabato and Zamboanga. CIPRAD partnered with various NGOs organizations such as Episcopal Commission on Indigenous Peoples, National Peace Conference, Center for Living Heritage and PANLIPI (Legal Assistance Center for Indigenous Filipinos) in order to lobby for the IPRA or Indigenous People's Rights Act.

IPRA, formerly known as Ancestral Domain Bill, was first filed in the Congress sometime in 1987 under the Senate Bill No. 909 authored by Senator Santanina Rasul, Senator Joseph Estrada and Senator Alberto Romulo, during the 8th Congress, but was never enacted into law. In the 9th Congress, Senator Rasul introduced Senate Bill No. 1029 and Senator Gloria Macapagal-Arroyo introduced Senate Bill No. 1849. However, the bill was never sponsored and deliberated upon on the floor.

Despite these failed efforts, the IPOs decided to give it another try. Decisions have been made during social negotiations among NGOs and POs to rename the bill from Ancestral Domain Bill to Indigenous Peoples Rights Act to emphasize the holistic approach and character of the bill. A consensus was made in December 1995 between IP representatives and NGO representatives. Seven non-negotiable points of the bill that were promoted are the following:

a) recognition of native title and rights of Indigenous peoples (IPs) to ancestral domains, b) respect for the right to cultural integrity, c) recognition of indigenous peoples' political structures and governance, d) delivery of basic services to the indigenous peoples, e) respect for human rights, f) elimination of discrimination, g) and creation of an office that would cater to IPs' needs.

In 1996, during the 10th Congress, Senator Juan Flavier sponsored Senate Bill no. 1728. In his sponsorship speech, he discussed the legal bases for the bill found in the 1987 Constitution. He also discussed the basic rights of Indigenous cultural communities (ICCs), the contents of the bill itself, and the immediate need of protection of the Filipino Indigenous People.

Despite difficult hurdles and amendments enacted in the Congress that nearly brought the movement to its death, the House of Representatives finally approved the bill late in September 1997. President Fidel V. Ramos signed it on October 29, 1997 officially making it Republic Act No. 8371 Indigenous People's Rights Act of 1997, which aims to "Recognize, Protect and Promote the Rights of Indigenous cultural Communities/Indigenous Peoples (ICCs/IPS) and for other Purposes."

Definition of terms

Indigenous people of the Philippines

"The Philippines is a culturally diverse country with an estimated 14- 17 million Indigenous Peoples (IPs) belonging to 110 ethno-linguistic groups. They are mainly concentrated in Northern Luzon (Cordillera Administrative Region, 33%) and Mindanao (61%), with some groups in the Visayas area (as of 2013)." The term Indigenous people is used to reflect the contemporary international language which was formally adopted in 1993.

As of 1998, this is the list of the identified Indigenous People in the Philippines and their location. Cordillera and Region ILocation of DomainsBontocMountain ProvinceBalangaoMountain ProvinceIsnagKalinga, ApayaoTingguianAbra, Kalinga & ApayaoKankanaeyBenguet, Mountain Province, BaguioKalanguyaBenguet, IfugaoKaraoBenguetIbaloiBenguetAyanganIfugaoIfugaoIfugaoTuwaliIfugaoKalingaKalingaApayaoKalinga, ApayaoBagoLa Union, Ilocos Sur, Ilocos Norte, Pangasinan Caraballo MountainsLocation of DomainsAgtaCagayan, Quirino, IsabelaKalanguyaNueva VizcayaBugkalotNueva Vizcaya, QuirinoIsinaiNueva VizcayaGaddangNueva Vizcaya, IsabelaAggayCagayanDumagatIsabela, CagayanIbanagCagayanItawesCagayanIvatanBatanes Rest of Luzon/ Sierra Madre MountainsAeta, Negrito, Baluga, PugotZambales, Bataan, Tarlac, PampangaAbellingTarlacAgtaAurora, Palayan City, Camarines SurDumagatQuezon, Rizal, AuroraRemontadoRizal, Laguna, QuezonBugkalotAuroraCimaronCamarines SurKabihugCamarines NorteTabangnonSorsogonAbiyan (Aeta)Camarines Norte/SurIsarogCamarines NorteItomAlbayPullonMasbate Island GroupsLocation of DomainsAgutaynonPalawanTagbanuaPalawanDagayanenPalawanTao't BatoPalawanBatacPalawanPalawanonPalawanMolbogPalawanIraya MangyanOccidental Mindoro/Oriental MindoroHanunuo MangyanOccidental Mindoro/Oriental MindoroAlangan MangyanOriental MindoroBuhid MangyanOccidental Mindoro/Oriental MindoroTadyawan MangyanOccidental Mindoro/Oriental MindoroBatangan MangyanOccidental MindoroGubatnon MangyanOccidental MindoroRatagnonOccidental MindoroAtiRomblonCuyunonPalawanAtiIloilo, Antique, Negros Occidental, Capiz, AklanSulod/ BukidnonIloilo, Antique, Capiz, AklanMagahatNegros OccidentalKorolanosNegros OrientalHigaononNegros OrientalAtaNegros OrientalBukidnonNegros OrientalEscayaBoholBadjao/Independent Higaonon sugboanonCebu/BoholHigaonon Sugboanon Independent TribeCebuKongkingLeyte, SamarHigaonon Leyte Southern/ Eastern MindanaoLocation of DomainsAtaDavao del Sur/Davao CityManoboAgusan del Norte/Agusan del SurMandayaDavao OrientalMansakaCompostela ValleyDibabawonDavao del NorteBanwaonAgusan del SurBagoboDavao del Sur/ Davao CityUbo ManoboDavao del Sur/ Davao CityTagakaoloDavao del SurMamanwaSurigao del NorteHigaononAgusan del Norte/Agusan del SurB'laanDavao del Sur, Sarangani, South CotabatoT'boliSouth CotabatoKalaganDavao del SurTagabawaDavao CityManobo B'litSouth CotabatoMatigsalogDavao City, Davao del Sur, Davao del NorteTigwahanonAgusan del Norte, Agusan del SurSangilSouth Cotabato, Sarangani Central MindanaoLocation of DomainsAromanonCotabatoTeduraySultan Kudarat, Maguindanao del Norte, Maguindanao del Sur, Cotabato CityBagoboCotabatoUbo ManoboCotabatoHigaonon Lanao del Sur, Iligan CitySubanenLanao del NorteMaguindanaoMaguindanao del Norte, Maguindanao del SurMaranaoLanao del Norte/Lanao del SurIranonMaguindanao del Norte, Lanao del SurKarintikCotabatoBlaanCotabato, Sultan Kudarat, Maguindanao del SurLambangianSultan KudaratDulanganSultan Kudarat Northern and Western MindanaoLocation of DomainsSubanenZamboanga del Sur, Zamboanga del Norte, Misamis Occidental/Misamis Oriental, Zamboanga CityTalaandigBukidnonHigaononBukidnon, Misamis OrientalMatigsalogBukidnonUmaymanonBukidnonManoboBukidnonKamiginCamiguinYakanBasilanSamaTawi-TawiBadjao/Sama LautTawi-Tawi, Basilan, Sulu archipelagoKalibuganZamboanga del Sur/Zamboanga del NorteJama MaponSulu archipelago

The term indigenous cultural communities (ICCs) was used in the Philippine Constitution to describe a group of people sharing common bonds of language, customs, traditions and other distinctive cultural traits, and who have, under claims of ownership since time immemorial, occupied, possessed and utilized a territory. Time immemorial refers to a period of time when as far back as memory can go, certain ICCs/IPs are known to have occupied, possessed and utilized a defined territory devolved to them by operation of custom law/traditions or inherited from their ancestors.

Both the terms IPs and ICCs refer to homogenous societies identified by self-ascription and ascription by others, who have continuously lived as a community on communally bounded and defined territory, sharing common bonds of customs, traditions and other cultural traits, through resistance to political, social and cultural inroads to colonization, non-indigenous religions and culture. Whereas, the Filipino majority learned very well the ways of the colonial masters by adapting to their laws and practices, the minority (IPs), consciously asserted the integrity of their ancestral territories, pre-Hispanic native culture and justice systems which are viewed as diametrically opposed to the majority's world view, but which the IPRA law attempts to recognize and interface with the national legal system.

Ancestral domains