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    G Elect Reviewer 1

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    Nathalie Getino
    The Indigenous Peoples Rights Act (IPRA) recognizes and protects the rights of Indigenous Cultural Communities/Indigenous Peoples (ICCs/IPs) in the Philippines. It establishes their right to ancestral domains, which includes lands, waters, coastal areas, and natural resources that ICCs/IPs have owned, occupied, or used traditionally. The IPRA also protects ICCs/IPs' rights to self-governance, customary laws, and cultural integrity. It aims to address the historical injustices of indigenous land dispossession and social discrimination through instruments like the Certificate of Ancestral Domain Title and Certificate of Ancestral Land Title.

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    G Elect Reviewer 1

    Uploaded by

    Nathalie Getino
    9 views2 pages
    The Indigenous Peoples Rights Act (IPRA) recognizes and protects the rights of Indigenous Cultural Communities/Indigenous Peoples (ICCs/IPs) in the Philippines. It establishes their right to ancestral domains, which includes lands, waters, coastal areas, and natural resources that ICCs/IPs have owned, occupied, or used traditionally. The IPRA also protects ICCs/IPs' rights to self-governance, customary laws, and cultural integrity. It aims to address the historical injustices of indigenous land dispossession and social discrimination through instruments like the Certificate of Ancestral Domain Title and Certificate of Ancestral Land Title.

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    g Elect Reviewer 1

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    The Indigenous Peoples Rights Act (IPRA) recognizes and protects the rights of Indigenous Cultural Communities/Indigenous Peoples (ICCs/IPs) in the Philippines. It establishes their right to ancestral domains, which includes lands, waters, coastal areas, and natural resources that ICCs/IPs have owned, occupied, or used traditionally. The IPRA also protects ICCs/IPs' rights to self-governance, customary laws, and cultural integrity. It aims to address the historical injustices of indigenous land dispossession and social discrimination through instruments like the Certificate of Ancestral Domain Title and Certificate of Ancestral Land Title.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    9 views2 pages

    G Elect Reviewer 1

    Uploaded by

    Nathalie Getino
    The Indigenous Peoples Rights Act (IPRA) recognizes and protects the rights of Indigenous Cultural Communities/Indigenous Peoples (ICCs/IPs) in the Philippines. It establishes their right to ancestral domains, which includes lands, waters, coastal areas, and natural resources that ICCs/IPs have owned, occupied, or used traditionally. The IPRA also protects ICCs/IPs' rights to self-governance, customary laws, and cultural integrity. It aims to address the historical injustices of indigenous land dispossession and social discrimination through instruments like the Certificate of Ancestral Domain Title and Certificate of Ancestral Land Title.

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    © All Rights Reserved
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    INDIGENOUS PEOPLES RIGHTS ACT (RA 8371) Right to Ancestral Domain

    IN 2019 MINDANAO Ancestral domain


    Impact of the legal system on the Indigenous • refers to all areas generally belonging to
    Peoples ICCs/Ips
    • When the Spaniards left, we continued to • held under a claim of communal and private
    use their government system; ownership by ICCs/IPs since time
    • This did not recognize traditional land rights immemorial
    and ownership of ICCs/IPs; ANCESTRAL DOMAIN
    • Without titles, Indigenous Peoples were • Hunting grounds.
    forced to lose ownership of these lands. • Waters
    October 29, 1997 • Burial Grounds
    • Republic Act 8371 (Indigenous Peoples • Sacred Grounds
    Rights Act of 1997) became a law. Home Ranges
    LEGAL BASIS 1987 PHILIPPINE CONSTITUTION Right to Ancestral Domain
    (e.g., Article II, Section 22, Article XVI, Section 12) • Right of ownership
    INTERNATIONAL LAW • Right to develop lands and natural
    (e.g., UNDRIP) resources
    JURISPRUDENCE • Right to stay in the territories
    [(e.g., Cariňo vs. Insular Government • Right to regulate entry of migrants
    (212 US 449)] Concept of Ancestral Lands
    IPRA SALIENT FEATURES: Ancestral land
    • Right to Ancestral Domain • refers to land occupied and possessed by
    • Right to Self-Governance and individuals, families, and clans who are
    Empowerment members of the ICCs since time
    • Social Justice and Human Rights immemorial
    • Cultural Integrity • held under a claim of individual or traditional
    • Creation of NCIP group ownership, continuously up to the
    • Quasi-Judicial Power present
    Right to Self-Governance and Empowerment Right to Ancestral Domains/Lands
    Section 13 Indigenous Concept of Ownership
    • The State recognizes the inherent right of • Ancestral domains/lands are the ICCs/IPs
    the ICCs/IPs to self-governance and self- private but community property which
    determination and respects the integrity of belongs to all generations and therefore
    their values, practices and institutions. cannot be sold nor disposed or destroyed
    Customary Laws (Section 65) Native Title
    • Tribal Barangays • pre-conquest rights to lands and domains
    • Mandatory • held under a claim of private ownership by
    • Representation in policy making bodies and ICCs/Ips
    in local legislative bodies • have never been public lands and held that
    Social Justice and Human Rights way since before the Spanish conquest
    • Equal Protection possession since time immemorial
    • Non-Discrimination Certificate of Ancestral Domain Title (CADT)
    ➢ recruitment and conditions of employment; • refers to a title formally recognizing the
    social assistance, benefits; etc. rights of possession and ownership of
    Cultural Integrity ICCs/IPs over their ancestral domains
    • Respect for Cultural Diversity identified and delineated in accordance with
    • Respect for Indigenous Knowledge Systems this law
    and Practices
    Certificate of Ancestral Land Title (CALT)
    • refers to a title formally recognizing the
    rights of ICCs/IPs over their ancestral lands;
    Responsibilities of ICCs/IPs to their ancestral
    domains/lands:
    1. Maintain Ecological Balance
    2. Restore Denuded Areas
    3. Observe Laws
    Section 56
    • Property rights within the ancestral domains
    already existing and/or vested upon
    effectivity of this Act, shall be recognized
    and respected.

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