Indigenous Peoples’ Rights Act of 1997 (RA 8371)

What does it really mean to belong to the land? Not to own it, but to live as part of it. Well, for our indigenous peoples, land is not just a soil or territory. It is a life, memory, and identity. Good day everyone. I am Mary Rosses Lanjo, a second year BS real estate management student. And today I'll be sharing with you my report on the indigenous people rights act of 1997 or also known as the Republic Act number 8371. Before we discuss the law itself, let's begin with a few reflective questions. First, who are the indigenous people and what makes them different from the rest of the population? And lastly, why do they need a special law to protect their rights and their way of life? Who are the indigenous peoples? Well, the indigenous peoples are culturally distinct communities that have preserved their traditions long before colonizations. They maintain their customs, language, and knowledge systems that are deeply tied to their ancestral territories. Now the UN or United Nations and our 1987's constitutions recognize that these communities deserve protection not just out of pity but out of justice. They are part of our nation's identity and deserve equal respect. Now, here in the Philippines, these communities are also um officially recognized under the law as indigenous cultural communities or ICCs and indigenous peoples or IPS. IC's and IPS under IP states that in the section 3 and paragraph H of IP defines ICC's and IPS as a group of people who have continuously lived as organized communities on their ancestral territories maintaining their culture customs and distinct identity since time immemorial. They are self as pride communities meaning they are defined who they are. They shared bands of language and traditions separate them from the mainstream population and that's also makes them unique but equally Filipino. Now that we understand who they are, let's explore how deeply rooted they are in our country's geography and history. Background and distributions. Today there are about 12 million indigenous peoples in the Philippines. Roughly 13% of our population. 61% live in Mindanao, 33% in Luzon and 6% in Bisayas. Before I were called national minorities, but that term failed to capture their identity. They are not minorities. They are the original stewards of the land. For them, land is life and losing it means losing who they are. Now to better understand their struggle, let's look closely at what ancestral lands and domains mean to them. Ancestral lands and domains stated in section 7 that ancestral lands are more than just a property. They are the heart of indigenous systems encompassing land, water, air, forest, and all natural resources that sustain life. These territories are inherited from their ancestors and are meant to be passed to their future generation. Also stated in section 7 of the IPA upholds their right to own, develop and protect these ancestral domains. One of the example of these cases is the Cruz versus DNR of 2000. The Supreme Court affirmed that ancestral domains are private property under the native title. So meaning and digos ownership exists even without formal land titles. But actually this concept often clashes with the state traditional legal system leading to complex issues about ownership. Next is the regalian doctrine versus indigenous ownership. Under the regalian doctrine, all lands and natural resources belong to the state. However, indigenous peoples believe land cannot be owned. It is shared gift from their ancestors and nature. The Supreme Court recognized this difference but upheld the native title stands meaning ancestral ownership predates the governance claim. This decision marked a turning point in the protection of indigenous rights. So beyond their relationship with the land indigenous communities also live by their own system of justice. So through what we call customary laws. Customary laws section 3 act stated that customary laws are traditional rules that govern indigenous life. They are not written in legal books but are passed down through generation shaping leadership, justice and social order. Conflicts are often resolved by councils of elders ensuring fairness and harmony within the community. One of the example of this case is the case of the suban people of Mount Kanatuan. The NCIP recognized the right to settle disputes through customary processes confirming the value of indigenous governance. Still, despite this recognized system, indigenous communities continue to face real threats and violations. Since we tackled about threats and violations, here comes the human rights concern. So even after the IP was passed, many indigenous group had been displaced by mining, militarization and large development projects, rival leaders have been harassed and communities have forced to evacuate from ancestral domains. So this violation reminds us that laws alone are not enough. There must be genuine protection, participation and accountability. One of these cases is the displacement of the lumads in Mindanao between 2015 and 2019 showed that the continued struggle of indigenous groups am armed conflict and mining expansion to protect them. IP stands on both national and international legal foundations legal framework. The Indigenous People Rights Act is rooted in 1987 constitution and aligned with international law. Stated in article 2 section 22 of the constitution state that the state recognizes and promotes the rights of indigenous peoples. Also stated in article 12 section 5 ensures their right to ancestral lands. The IP also reflects principles of the UN declaration of the rights of indigenous peoples and ILO convention in 169 making it part of a global movement for indigenous justice. Now let's see how this legal recognition translates into land ownership through the issuance of certificates. Ancestral domain titles CADP and CALP. To formalize indigenous ownership, the IP created two titles. The certificate of ancestral domain title or CAD and the certificate of ancestral land title or CAT. This document legally confirms that the indigenous communities own their ancestral lands by virtue of a native title, not by a government grant. One of this example is uh was in 2013 the Manobo tribe in Adusan Delsur received a CADP covering over 11 11 hectares proving that the law can truly empower indigenous communities. But before any projects or development is allowed on ancestral land there's one essential requirement which which is the free and prior informed consent. Free and prior informed consent stated in section 3G. That free and prior informed consent or the FBI ensures that indigenous communities have the power to say yes or no to projects in their territories. Consent must be free from pressure, fully informed and given before any activity begins. So this process protects the right to self-determination. In these cases, in 2019, the residents near the DDP mine in Nova Biscaya challenged a mining expansion for lacking proper FPIC. So the NCIP intervene, halting operations until the process was lawfully completed, proving that consent is a right, not a formality. So the FBI is just one of the many rights under the IP. Now let's summarize the four core rights in guarantees. Four major rights under the IP. So the IP upholds four categories of rights. First the right to ancestral domains and lands. Second the right to self-governance and empowerment. Third, the right to social justice and human rights. And lastly, the right to cultural integrity. Together, this ensure that indigenous peoples can live with dignity, equality, and selfrespect. So to implement these rights, a special government agency was created, what we call the National Commission on Indigenous Peoples. Now the National Commission on Indigenous Peoples or NCIP serves the primary government body responsible for protecting and promoting indigenous rights. It is composed of commissioners representing the country's majors also indigenous regions. So the agency acts as the bridge between indigenous communities and the state. Now let's see how the NCIP carries out its important function. NCIP powers and functions stated in section 44 4-7. The NCIP's responsibilities include creating policies for indigenous affairs, issuing an ancestral land titles, resolving disputes using customary laws, and ensuring proper implementation of FBI. It also monitors development programs within indigenous domains. So beyond policym, the NCIP's program aims to empower communities and sustain their heritage. So the NCIP programs and implementation through its programs, the NCIP supports education, cultural mapping, livelihood, and heritage conservation. It also promotes uh the inclusion of indigenous perspective in local governments also proving that empowerment begin with participation. Of course, any violation of these rights comes with a serial legal consequences penalties and enforcement chapter 14. Under the IP, violators may face imprisonment from 9 months to 12 years and fines from 100,000 to 500,000 pesos. Public officials found guilty can also be permanently disqualified from service. So these penalties emphasize that indigenous rights are protected not only morally but legally. Now as we close this discussion, let's reflect on the true meaning of this law. Again for this conclusion, the indigenous people right act of 1997 is more than just a law. It is a promise. A promise to protect the dignity, identity, and a future of the communities who have nurtured this land since time immemorial. When we honor their rights, we also honor the roots of our nation. Because when we protect their land, we also protect the soul of the Philippines. As I end this report, I hope we all remember that indigenous people rights are not just a part of our history. They are living communities who continue to shape our nation's identity. Their culture, language, and wisdom teach us how to live in harmony with nature and with one another. The indigenous people rights act reminds us that the that the justice means inclusion and respect means action. Let us stand with our indigenous brothers and sisters because their story is ultimately our story too. And that concludes my report on the indigenous people rights act of 1997. Thank you so much for your time and attention. Once again, this is Mary Rosie Laranho, a second year BS real estate management student reminding everyone that respecting indigenous rights mean respecting our shared humanity. Thank you and have a good day. Hey, hey, hey. [Music]