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Also, the matters contained in the following were written in accordance with the law, rules, and jurisprudence prevailing at the time of writing and posting, and do not include any future developments on the subject matter under discussion.
AT A GLANCE:
Under the IPRA Law, Indigenous Cultural Communities/Indigenous Peoples (ICCs/IPs) enjoy Four Bundles of Rights namely: Right to Ancestral Domains and Lands, Right to Self-Governance and Empowerment, Right to Social Justice and Human Rights, and Right to Cultural Integrity.
The law says:
“The State recognizes and promotes the rights of indigenous cultural communities within the framework of national unity and development.” (Article II, Section 22 of the 1987 Constitution)
“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.” (Article XII, Section 5 of the 1987 Constitution)
“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.” (Article XIV, Section 17 of the 1987 Constitution)
Under the IPRA Law, ICCs/IPs enjoy Four Bundles of Rights namely: Right to Ancestral Domains and Lands, Right to Self-Governance and Empowerment, Right to Social Justice and Human Rights, and Right to Cultural Integrity.
Right to Ancestral Domains
Ancestral domains shall include such concepts of territories which cover not only the physical environment but the total environment including the spiritual and cultural bonds to the areas which the ICCs/IPs possess, occupy, and use and to which they have claims of ownership.
It is noteworthy that ancestral lands/domains are beyond the scope of Regalian Doctrine. With this, the rights of ownership and possession of ICCs/IPs to their ancestral domains shall be recognized and protected. As such, pursuant to ICCs/IPs right to their ancestral domains, they shall enjoy the following rights over its lands:
- Right of ownership over lands, bodies of water, sacred places, traditional hunting and fishing grounds, and all improvements;
- Right to develop lands and natural resources;
- Right to stay in the territories and not to be removed therefrom;
- Right in case of displacement wherein ICCs/IPs shall be resettled in suitable areas;
- Right to regulate entry of migrants into their domains;
- Right to safe and clean air and water;
- Right to claim parts of reservations; and,
- Right to resolve conflict in accordance with customary laws.
Right to Ancestral Lands
The right of ownership and possession of the ICCs/IPs to their ancestral lands shall also be recognized and protected. ICCs/IPs thus have the following rights:
- Right to transfer land/property among the members of the same ICCs/IPs; and,
- Right to redemption in cases that transfer is tainted by vitiated consent or for an unconscionable consideration or price.
Ancestral domains and ancestral lands cover not only the physical environment but also the total environment including the spiritual and cultural bonds to the areas. Ancestral domains are private but community property thus, cannot be sold, disposed, or destroyed. Consequently, ICCs/IPs occupying a duly certified ancestral domain shall have the responsibility to maintain ecological balance, restore denuded areas, and observe laws.
Right to Self-Governance and Empowerment
The State recognizes the inherent right of ICCs/IPs to self-governance and self-determination, and respects the integrity of their values, practices, and institutions. Consequently, the State shall guarantee the right of ICCs/IPs to:
- 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, and customary laws;
- Participate in decision-making that may affect them;
- Mandatory representation in policy-making bodies & local legislative councils; and,
- Determine and decide priorities for development.
Right to Social Justice and Human Rights
Consistent with the equal protection clause of the Constitution of the Republic of the Philippines, Charter of the United Nations, Universal Declaration of Human Rights including the Convention on the Elimination of Discrimination Against Women and International Human Rights Law, the State shall, with due recognition of their distinct characteristics and identity, accord to the members of the ICCs/IPs the rights, protections and privileges enjoyed by the rest of the citizenry. It shall extend to them the same employment rights, opportunities, basic services, educational and other rights and privileges available to every member of the society. Accordingly, the State shall likewise ensure that the employment of any form of force or coercion against ICCs/IPs shall be dealt with by law.
Further, the State shall ensure that the fundamental human rights and freedoms as enshrined in the Constitution and relevant international instruments are guaranteed also to indigenous women.
Right to Cultural Integrity
The State shall respect, recognize, and protect the right of ICCs/IPs to preserve and protect their culture, traditions and institutions. It shall consider these rights in the formulation and application of national plans and policies.
Through the educational system. Indigenous children/youth shall have the right to all levels and forms of education of the State. The State shall provide equal access to various cultural opportunities to the ICCs/IPs through the educational system, public or private cultural entities, scholarships, grants and other incentives without prejudice to their right to establish and control their educational systems and institutions by providing education in their own language, in a manner appropriate to their cultural methods of teaching and learning.
Through recognition of cultural diversity. The State shall endeavor to have the dignity and diversity of the cultures, traditions, histories and aspirations of the ICCs/IPs appropriately reflected in all forms of education, public information and cultural-educational exchange. Consequently, the State shall take effective measures, in consultation with ICCs/IPs concerned, to eliminate prejudice and discrimination and to promote tolerance, understanding, and good relations among ICCs/IPs and all segments of society.
Through practice and revitalization of customs and traditions. ICCs/IPs have the right to practice and revitalize their own cultural traditions and customs. The State shall preserve, protect and develop the past, present and future manifestations of their cultures as well as the right to the restitution of cultural, intellectual, religious, and spiritual property taken without their free and prior informed consent or in violation of their laws, traditions and customs.
Through religious, cultural sites and ceremonies. ICCs/IPs shall have the right to manifest, practice, develop, and teach their spiritual and religious traditions, customs and ceremonies; the right to maintain, protect and have access to their religious and cultural sites; the right to use and control of ceremonial objects; and, the right to the repatriation of human remains. Accordingly, the State shall take effective measures, in cooperation with the ICCs/IPs concerned, to ensure that indigenous sacred places, including burial sites, be preserved, respected and protected.
Through ownership and recognition of cultural and intellectual rights. ICCs/IPs are entitled to the recognition of the full ownership and control and protection of their cultural and intellectual rights. They shall have the right to special measures to control, develop and protect their sciences, technologies and cultural manifestations, including human and other genetic resources, seeds, including derivatives of these resources, traditional medicines and health practices, vital medicinal plants, animals and minerals, indigenous knowledge systems and practices, knowledge of the properties of fauna and flora, oral traditions, literature, designs, and visual and performing arts.
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