MODULE 4.

Legalizing the Rights of the IPs

Unit 6. International Legal Support for IPs
Lesson 4.1. United Nations Declaration on the Rights of Indigenous Peoples

Lesson outcomes:
1. Explain the importance of the United Nations Declaration on the Rights of Indigenous
Peoples in the recognition and protection of indigenous peoples
2. Explain the central themes of the United Nations Declaration on the Rights of
Indigenous Peoples

Lesson Overview: In this lesson, you will learn about the law that United Nations declared to
recognize and protect the rights of indigenous peoples.

READ TO LEARN
Below are excerpts from United Nations’ (2007) United Nations Declaration on the Rights of
Indigenous Peoples (UNDRIP) unless otherwise indicated. [In-text citations were omitted for
readability purposes]
________________________________________________________________________________
“UNDRIP is a human rights instrument that sets out the rights of Indigenous peoples
around the world. Human rights instruments include declarations, conventions and treaties
intended to define and uphold human rights in international law. Many, such as UNDRIP, are
not legally binding. Instead, they provide authoritative ideas and approaches that can influence
state laws and practices.
“The Declaration contains 46 articles describing a variety of collective and individual rights.
It identifies states and governments as responsible for protecting and upholding these rights. Its
goal is to defend the survival, dignity and well‐being of Indigenous people.
“The central themes of UNDRIP include: the right to self‐determination; the right to be
recognized as distinct peoples; the right to free, prior and informed consent; and, the right to be
free from discrimination.” (Duhamel, n.d.)
“Article 1. Indigenous peoples have the right to the full enjoyment, as a collective or as
individuals, of human rights and fundamental freedoms as recognized in the Charter of the United
Nations, the Universal Declaration of Human Rights and international human rights law.
“Article 2. Indigenous peoples and individuals are free and equal to all other peoples and
individuals and have the right to be free from any kind of discrimination, in the exercise of their
rights, in particular that based on their indigenous origin or identity.
“Article 3. Indigenous peoples have the right to self-determination. By virtue of that right they
freely determine their political status and freely pursue their economic, social and cultural
development.
“Article 4. Indigenous peoples, in exercising their right to self-determination, have the right to
autonomy or self-government in matters relating to their internal and local affairs, as well as ways
and means for financing their autonomous functions.
 “Article 5. Indigenous peoples have the right to maintain and strengthen their distinct political,
legal, economic, social and cultural institutions, while retaining their right to participate fully, if they
so choose, in the political, economic, social and cultural life of the State.
“Article 6. Every indigenous individual has the right to a nationality.
“Article 7. 1. Indigenous individuals have the rights to life, physical and mental integrity, liberty
and security of person. Article 7.2. Indigenous peoples have the collective right to live in freedom,
peace and security as distinct peoples and shall not be subjected to any act of genocide or any other
act of violence, including forcibly removing children of the group to another group.
“Article 8.1. Indigenous peoples and individuals have the right not to be subjected to forced
assimilation or destruction of their culture…
“Article 9. Indigenous peoples and individuals have the right to belong to an indigenous
community or nation, in accordance with the traditions and customs of the community or nation
concerned. No discrimination of any kind may arise from the exercise of such a right.
“Article 10. Indigenous peoples shall not be forcibly removed from their lands or territories. No
relocation shall take place without the free, prior and informed consent of the indigenous peoples
concerned and after agreement on just and fair compensation and, where possible, with the option
of return.
"Article 11.1. Indigenous peoples have the right to practice and revitalize their cultural
traditions and customs. This includes the right to maintain, protect and develop the past, present
and future manifestations of their cultures, such as archaeological and historical sites, artefacts,
designs, ceremonies, technologies and visual and performing arts and literature…
“Article 12.1. Indigenous peoples 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 in privacy to their religious and cultural sites; the right to the use and control of their
ceremonial objects; and the right to the repatriation of their human remains...
“Article 13.1. Indigenous peoples have the right to revitalize, use, develop and transmit to
future generations their histories, languages, oral traditions, philosophies, writing systems and
literatures, and to designate and retain their own names for communities, places and persons.
“Article 14.1. Indigenous peoples have the right to establish and control their educational
systems and institutions providing education in their own languages, in a manner appropriate to
their cultural methods of teaching and learning…
“Article 15.1. Indigenous peoples have the right to the dignity and diversity of their cultures,
traditions, histories and aspirations which shall be appropriately reflected in education and public
information…
“Article 16.1. Indigenous peoples have the right to establish their own media in their own
languages and to have access to all forms of non-indigenous media without discrimination.
“Article 17.1. Indigenous individuals and peoples have the right to enjoy fully all rights
established under applicable international and domestic labor law.
“Article 18. Indigenous peoples have the right to participate in decision-making in matters
which would affect their rights, through representatives chosen by themselves in accordance with
their own procedures, as well as to maintain and develop their own indigenous decision-making
institutions.
 “Article 19. States shall consult and cooperate in good faith with the indigenous peoples
concerned through their own representative institutions in order to obtain their free, prior and
informed consent before adopting and implementing legislative or administrative measures that
may affect them.
“Article 20.1. Indigenous peoples have the right to maintain and develop their political,
economic and social systems or institutions, to be secure in the enjoyment of their own means of
subsistence and development, and to engage freely in all their traditional and other economic
activities...
“Article 21.1. Indigenous peoples have the right, without discrimination, to the improvement
of their economic and social conditions, including, inter alia [among other things], in the areas of
education, employment, vocational training and retraining, housing, sanitation, health and social
security…
“Article 22.1. Particular attention shall be paid to the rights and special needs of indigenous
elders, women, youth, children and persons with disabilities in the implementation of this
Declaration.
“Article 23. Indigenous peoples have the right to determine and develop priorities and
strategies for exercising their right to development. In particular, indigenous peoples have the right
to be actively involved in developing and determining health, housing and other economic and
social programs affecting them and, as far as possible, to administer such programs through their
own institutions.
“Article 24.1. Indigenous peoples have the right to their traditional medicines and to maintain
their health practices, including the conservation of their vital medicinal plants, animals and
minerals. Indigenous individuals also have the right to access, without any discrimination, to all
social and health services…
“Article 25. Indigenous peoples have the right to maintain and strengthen their distinctive
spiritual relationship with their traditionally owned or otherwise occupied and used lands,
territories, waters and coastal seas and other resources and to uphold their responsibilities to future
generations in this regard.
“Article 26.1. Indigenous peoples have the right to the lands, territories and resources which
they have traditionally owned, occupied or otherwise used or acquired…
“Article 27. States shall establish and implement, in conjunction with indigenous peoples
concerned, a fair, independent, impartial, open and transparent process, giving due recognition to
indigenous peoples’ laws, traditions, customs and land tenure systems, to recognize and adjudicate
the rights of indigenous peoples pertaining to their lands, territories and resources, including those
which were traditionally owned or otherwise occupied or used. Indigenous peoples shall have the
right to participate in this process.
“Article 28.1. Indigenous peoples have the right to redress, by means that can include restitution
or, when this is not possible, just, fair and equitable compensation, for the lands, territories and
resources which they have traditionally owned or otherwise occupied or used, and which have been
confiscated, taken, occupied, used or damaged without their free, prior and informed consent…
“Article 29.1. Indigenous peoples have the right to the conservation and protection of the
environment and the productive capacity of their lands or territories and resources. States shall
establish and implement assistance programs for indigenous peoples for such conservation and
protection, without discrimination…
“Article 30.1. Military activities shall not take place in the lands or territories of indigenous
peoples, unless justified by a relevant public interest or otherwise freely agreed with or requested
by the indigenous peoples concerned.
“Article 31.1. Indigenous peoples have the right to maintain, control, protect and develop their
cultural heritage, traditional knowledge and traditional cultural expressions, as well as the
manifestations of their sciences, technologies and cultures, including human and genetic resources,
seeds, medicines, knowledge of the properties of fauna and flora, oral traditions, literatures, designs,
sports and traditional games and visual and performing arts. They also have the right to maintain,
control, protect and develop their intellectual property over such cultural heritage, traditional
knowledge, and traditional cultural expressions…
“Article 32.1. Indigenous peoples have the right to determine and develop priorities and
strategies for the development or use of their lands or territories and other resources…
“Article 33.1. Indigenous peoples have the right to determine their own identity or membership
in accordance with their customs and traditions. This does not impair the right of indigenous
individuals to obtain citizenship of the States in which they live…
“Article 34 Indigenous peoples have the right to promote, develop and maintain their
institutional structures and their distinctive customs, spirituality, traditions, procedures, practices
and, in the cases where they exist, juridical systems or customs, in accordance with international
human rights standards.
“Article 35. Indigenous peoples have the right to determine the responsibilities of individuals
to their communities.
“Article 36.1. Indigenous peoples, in particular those divided by international borders, have the
right to maintain and develop contacts, relations and cooperation, including activities for spiritual,
cultural, political, economic and social purposes, with their own members as well as other peoples
across borders…
“Article 37.1. Indigenous peoples have the right to the recognition, observance and enforcement
of treaties, agreements and other constructive arrangements concluded with States or their
successors and to have States honor and respect such treaties, agreements and other constructive
arrangements…
“Article 38. States in consultation and cooperation with indigenous peoples, shall take the
appropriate measures, including legislative measures, to achieve the ends of this Declaration.
“Article 39. Indigenous peoples have the right to have access to financial and technical
assistance from States and through international cooperation, for the enjoyment of the rights
contained in this Declaration.
“Article 40. Indigenous peoples have the right to access to and prompt decision through just
and fair procedures for the resolution of conflicts and disputes with States or other parties, as well
as to effective remedies for all infringements of their individual and collective rights. Such a decision
shall give due consideration to the customs, traditions, rules and legal systems of the indigenous
peoples concerned and international human rights.
 “Article 41. The organs and specialized agencies of the United Nations system and other
intergovernmental organizations shall contribute to the full realization of the provisions of this
Declaration through the mobilization, inter alia, of financial cooperation and technical assistance.
Ways and means of ensuring participation of indigenous peoples on issues affecting them shall be
established.
“Article 42. The United Nations, its bodies, including the Permanent Forum on Indigenous
Issues, and specialized agencies, including at the country level, and States shall promote respect for
and full application of the provisions of this Declaration and follow up the effectiveness of this
Declaration.
“Article 43. The rights recognized herein constitute the minimum standards for the survival,
dignity and well-being of the indigenous peoples of the world.
“Article 44. All the rights and freedoms recognized herein are equally guaranteed to male and
female indigenous individuals.
“Article 45. Nothing in this Declaration may be construed as diminishing or extinguishing the
rights indigenous peoples have now or may acquire in the future.
“Article 46.1. Nothing in this Declaration may be interpreted as implying for any State, people,
group or person any right to engage in any activity or to perform any act contrary to the Charter of
the United Nations or construed as authorizing or encouraging any action which would dismember
or impair, totally or in part, the territorial integrity or political unity of sovereign and independent
States. Article 46.2. In the exercise of the rights enunciated in the present Declaration, human rights
and fundamental freedoms of all shall be respected…Article 46.3. The provisions set forth in this
Declaration shall be interpreted in accordance with the principles of justice, democracy, respect for
human rights, equality, non-discrimination, good governance and good faith.” (Access full article
at: [Link]
2018/11/UNDRIP_E_web.pdf)

GUIDE FOR UNDERSTANDING:

1. What does the indigenous peoples’ “right to self-determination” mean? Cite the
“article/s” in the UNDRIP that mention/s this provision.
2. What does the indigenous peoples’ “right to be recognized as distinct peoples” mean?
Cite the “article/s” in the UNDRIP that mention/s this provision.
3. What does the indigenous peoples, “right to free, prior and informed consent” mean? Cite
the “article/s” in the UNDRIP that mention/s this provision.
4. What does the indigenous peoples, “right to be free from discrimination” mean? Cite the
“article/s” in the UNDRIP that mention/s this provision.
5. What are other central themes are enshrined in the the UNDRIP?
6. What is the value of the UNDRIP in protecting indigenous peoples’ rights and freedoms
despite it not being legally binding?
NAME: ______________________________________ DATE: _____________
COURSE-YEAR-SECTION: ______________

Exercise 4.1. UNDRIP: Its key provisions

MATCHING TYPE: Match items in column A with items in column B. Write your answers on the
blanks provided before the numbers in column A.

A B

____1. As free people, IPs should not be subjected to violent ethnic cleansing A. Article 1
____2. IPs willingly allow the State to execute laws affecting them after having B. Article 2
been duly notified of the State’s plans C. Article 3
____3. IPs have the right to sustain their spiritual connection with their D. Article 5
ancestral domain and be dutiful to their descendants E. Article 6
____4. IPs have the right to a reasonable recompense for their lands that were F. Article 7
forcibly appropriated G. Article 11
____5. IPs have the right to international agreements that affect them such as H. Article 12
the International Labour Organization Convention 169 I. Article 13
____6. The UNDRIP’s provisions cannot be interpreted against nor reduce the J. Article 14
rights of the IPs that they presently enjoy K. Article 16
____7. The Lumad, IPs of Mindanao, have the right to be recognized as L. Article 17
Filipinos—Philippine citizens and nationals M. Article 18
____8. IPs have the right to be protected by laws, both UN-crafted and/or N. Article 19
international in scope, that defend their rights as persons O. Article 22
____9. The Philippine government enacted Indigenous Peoples’ Rights Act to P. Article 24
safeguard the IPs ancestral lands and resources Q. Article 25
____10. IPs are recognized as equally free human beings just like any other R. Article 26
persons S. Article 28
____11. UNDRIP specifically emphasizes the recognition of the rights of T. Article 29
vulnerable IP populations, which includes the handicapped U. Article 30
____12. IPs have the right to form and manage their own government in V. Article 31
matters of their community’s concerns W. Article 36
____13. IPs may maintain to use and teach a traditional system of writing in X. Article 37
their own schools Y. Article 44
____14. International law, such as the International Convention on the Z. Article 45
Elimination of All Forms of Racial Discrimination and Philippine law, such as the
Indigenous Peoples’ Rights Act safeguard IP rights
____15. IPs have rights over their domains, which they have utilized from time
immemorial
____16. IPs can continually use, revive, and enhance their traditional attires,
chants, music, tools, rituals, and ritual grounds
____17. IPs can employ their traditional conflict resolution methods and they
can also have access to the legal or judicial courts of the State
____18. IPs Igorots outside the Philippines formed the Igorot Global
Organization to re-establish ties with their fellow IPs
____19. IP territories shall not be arbitrarily used by soldiers as camps or for
combat training
____20. IP Kankanaeys in Luzon published their magazine in their own
language; they also actively publish videos in Facebook and in YouTube
Unit 7. Indigenous Peoples Rights Act (IPRA)
Lesson 4.2. Legal basis in recognizing, protecting, and promoting IP rights in the Philippines

Lesson outcomes:
1. Critically determine the rights of indigenous peoples as embodied in the Constitution
and in the Indigenous Peoples Rights Act (IPRA)
2. Argue for and against key provisions of the IPRA
3. Evaluate the relevance of the IPRA as a tool in protecting IP rights

Lesson Overview: In this lesson, you will closely examine the provisions of a law, that is, the
Indigenous Peoples Rights Act, in relation to the recognition, protection, and promotion of IP
rights in our country
READ TO LEARN
Below is an outline on the legalization of IP rights in the Philippines. [In-text citations were omitted
for readability purposes]
________________________________________________________________________________
INTRODUCTION: “Owing to the successful resistance of the IPs to Spanish colonization, the IPs
earned the label ‘historically distinct from the majority of Filipinos.’ Due to such resistance to
colonization, the IPs ‘maintained their indigenous belief systems, worldviews and ways of life’ while
the rest were subjugated to Spanish ‘socio socio-cultural, economic and political systems.’
“’By the 20th century, under American rule, land laws were passed that legitimized the taking
of Indigenous Peoples ancestral territories.’ The Philippine State ‘perpetuated Spanish and United
States colonial thinking by repeatedly claiming all unregistered lands as public land [read:
government land]’. The Indigenous Peoples, for varied reasons, ‘rejected the State’s rights over their
ancestral lands,’ but due to ‘ignorance of and incapacity to engage with legal processes, State and
corporate power, corruption and poverty, most indigenous land remains unregistered and
vulnerable.’ Moreover, ‘the State has enacted laws that provide for the distribution, use or
disposition of these lands for control and exploitation by others without regard for indigenous prior
rights.’ ‘Indigenous Peoples’ property rights were also treated as grants from the State rather than
pre-existing inherent land rights making their lands alienable and disposable and thereby providing
for the extinguishment of indigenous ownership rights’. Amidst this background, ‘Indigenous
Peoples are still in effective occupation of their ancestral territories throughout the archipelago,
especially in interior mountainous areas.’

Legal Framework and Indigenous Peoples Rights to Lands, Territories and Resources.
THE CARIÑO DOCTRINE. “In the 1909 Cariño ruling, the United States Supreme Court
recognized the native title property rights of Indigenous Peoples, which were ‘vested through a
traditional legal system different from what the colonizers prescribed’. It acknowledged the fact that
their lands were private property under customary law and had never been public property
inasmuch as they had not fallen under the control of the laws of the Spanish colonizer, which had
defined all lands as public lands under the Regalian doctrine. The Court stated:
 ‘when, as far back as testimony or memory goes, the land has been held by individuals
under a claim of private ownership, it will be presumed to have been held in the same way
from before the Spanish conquest, and never to have been public land…Spain did not
assume to convert all the native inhabitants of the Philippines into trespassers or even into
tenants at will.’

“The Regalian Doctrine of Spanish Philippines ‘has appeared in the 1935, 1973 and 1987
Philippine Constitutions and holds that ‘All lands of the public domain, waters, minerals, coal,
petroleum, and other mineral oils, all forces of potential energy, fisheries, forests or timber, wildlife,
flora and fauna, and other natural resources are owned by the State…’
[For a historical overview of State land policies, see: J.M. Molintas, 2004, The Philippine Indigenous
Peoples’ Struggle for Land and Life: Challenging Legal Texts, Arizona Journal of International &
Comparative Law, 21(1): 269-306.]

THE 1987 CONSTITUTION. “The 1987 Constitution marked a significant change in the State’s
attitude towards Indigenous Peoples from one of ‘integration’ to ‘recognition’ of their rights.” The
Constitution declares policies regarding the IPs:
• “The State recognizes and promotes the rights of indigenous cultural communities within
the framework of national unity and development.
• 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.
• 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.
• The Congress may create a consultative body to advise the President on policies affecting
indigenous cultural communities, the majority of the members of which shall come from such
communities.
• The party-list representatives shall constitute twenty per centum of the total number of
representatives including those under the party list…One-half of the seats allocated to party-list
representatives shall be filled, as provided by law, by selection or election from the labor, peasant,
urban poor, indigenous cultural communities, women, youth, and such other sectors as may be
provided by law, except the religious sector.
• The State shall apply the principles of agrarian reform or stewardship, whenever applicable
in accordance with law, in the disposition or utilization of other natural resources, including lands
of the public domain under lease or concession suitable to agriculture, subject to prior rights,
homestead rights of small settlers, and the rights of indigenous communities to their ancestral lands.
• Encourage non-formal, informal, and indigenous learning systems, as well as self-learning,
independent, and out-of-school study programs particularly those that respond to community
needs.
THE INDIGENOUS PEOPLES RIGHTS ACT (IPRA). Republic Act No. 8371 or An act to
recognize, protect and promote the rights of indigenous cultural communities/indigenous peoples,
creating a National Commission on Indigenous Peoples, establishing implementing mechanisms,
appropriating funds therefor, and for other purposes is known as ‘The Indigenous Peoples’ Rights
Act of 1997’ for short.
“WHY THE IPRA? “According to the Supreme Court, the IPRA was made to ‘address the
centuries-old neglect of the Philippine indigenous peoples’. Senator Juan M. Flavier (principal
author) noted the suffering of ‘Indigenous Cultural Communities, including the Bangsa Moro, from
the dominance and neglect of government controlled by the majority’. He stressed that government
has been an indispensable party to this insidious conspiracy against the Indigenous Cultural
Communities (ICCs). He mentioned how the government ‘organized and supported the
resettlement of [Christian] people to their ancestral land, which was massive during the
Commonwealth and early years of the Philippine Republic’. Flavier pointed out that ―pursuant to
the Regalian Doctrine―, the government passed laws to legitimize the wholesale land grabbing and
provide for easy titling or grant of lands to migrant homesteaders within the traditional areas of the
ICCs. Flavier also emphasized the rights of indigenous people to their lands, arguing that without it
‘IPs shall cease to exist as distinct peoples.’ In similar vein, Rep. Gregorio Andolana (original author
of the House of Representative‘s version of the bill) reiterated in his sponsorship speech, the
Constitutional policy to ‘promote, recognize the rights of indigenous cultural communities within
the framework of national unity and development’. Andalona also mentioned the ‘government's
obligation’ to preserve and promote ‘these rights and the cultural traditions as well as the indigenous
laws.’ Andolano also underscored the need for the ‘more than 12 million Filipinos to be considered
in the mainstream of the Philippine society.’ He stressed that the bill was based on ‘the policy of
preservation as mandated in the Constitution.’
“RIGHTS TO ANCESTRAL DOMAINS. “The rights of ownership and possession of ICCs/IPs
to their ancestral domains shall be recognized and protected. Such rights shall include:
“Right of Ownership. — The right to claim ownership over lands, bodies of water traditionally
and actually occupied by ICCs/IPs, sacred places, traditional hunting and fishing grounds, and all
improvements made by them at any time within the domains
Indigenous Concept of Ownership. Ancestral domains/lands and all resources found therein
form the material bases of the ICCs/IPs’ cultural integrity. The indigenous concept of ownership
therefor, generally holds that ancestral domains are the ICCs’/IPs’ private but communal
property which belongs to all generations and shall not be sold, disposed nor destroyed. The
present generation who are today’s occupants have the intergenerational responsibility of
conserving the land and natural resources for future generations of ICCs/IPs to enjoy.

“Right to Develop Lands and Natural Resources. — Subject to property rights within the
ancestral domains already existing and/or vested upon effectivity of the Act, ICCs/IPs have the
right to control, manage, develop, protect, conserve, and sustainably use: a) land, air, water and
minerals; b) plants, animals and other organisms; c) collecting, fishing and hunting grounds; d)
sacred sites; and, e) other areas of economic, ceremonial and aesthetic value in accordance with their
indigenous knowledge systems and practices (IKSPs) and customary laws and traditions, and duly
adopted Ancestral Domain Sustainable Development and Protection Plan (ADSDPP) where
ADSDPPs have been adopted; and to equitably benefit from the fruits thereof. In all instances,
ICCs/IPs shall have priority in the development, extraction, utilization and exploitation of natural
resources
“Right to Stay in the Territories and not to be displaced therefrom. — The right of ICCs/IPs
to stay in their territories shall remain inviolate. No ICCs/IPs shall be relocated without their free
and prior informed consent nor through any means other than eminent domain. Relocation or
displacement as an exceptional measure or as a result of calamity or catastrophe shall only be
temporary. ICCs/IPs shall have the right to return to their ancestral domain as soon as the grounds
for such relocation cease to exist, and shall have the right to be compensated for damages sustained
as a consequence of the relocation
“Right to Regulate Entry of Migrants and Other Entities. — The collective right to use
everything within the domain/land is limited only to the recognized members of the ICCs/IP
community. Accordingly, the ICCs/IPs shall have the right to regulate the entry of migrants,
including organizations who intend to do business, engage in development or other form of
activities, in their ancestral domains/lands
“Right to Safe and Clean Air and Water. — ICCs/IPs shall have access to integrated systems
for the management of their inland waters and air space. To enable these ecologically-sound and
sustainable practices to flourish, the ICCs/IPs have the right to regulate activities that may adversely
affect their airspace, bodies of water and lands. Any violation of environmental laws adversely
affecting the integrity of the ecological systems in ancestral domains/territories shall be penalized
according to customary laws of the ICCs/IPs concerned
“Right to Claim Parts of Reservations. — The right to claim parts of the ancestral domains
which have been reserved for various purposes, except those reserved and intended for common
public welfare and service
“Right to Resolve Conflict. — Right to resolve land conflicts in accordance with customary
laws of the area where the land is located, and only in default thereof shall the complaints be
submitted to amicable settlement and to the Courts of Justice whenever necessary

“RIGHTS TO ANCESTRAL LANDS

“Right to transfer land/property. Such right shall include the 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. Indigenous property rights arising from marriages between IPs and non-IPs
shall be governed by customary laws of the IP spouse. The non-IP spouse shall have usufructuary
rights thereto for the maintenance and support of the family
“Right to Redemption. In cases where it is shown that the transfer of land/property rights by
virtue of any agreement or devise, to a non-member of the concerned ICCs/IPs is tainted by the
vitiated consent of the ICCs/IPs, or is transferred for an unconscionable consideration or price, the
transferor ICC/IP shall have the right to redeem the same within a period not exceeding fifteen (15)
years from the date of transfer. Consent is deemed vitiated when given through error or mistake,
violence, intimidation, undue influence, fraud or deceit. The price is considered unconscionable
when the amount compared to the value of the property is so disproportionate as to be revolting to
human conscience
“Option to Secure Certificate of Title under Commonwealth Act 141, as amended, or the Land
Registration Act 496. Formal recognition of native title to ancestral lands is secured through the
issuance of a Certificate of Ancestral Land Title under the Act. Members of the ICCs/IP communities
who individually own ancestral lands shall have the option to secure Certificates of Title to such
land pursuant to the provisions of Commonwealth Act No. 141, as amended, provided such option
is exercised within twenty (20) years from approval of the Act. Pursuant to Section 12 of the Act, all
ancestral lands which have been individually owned and actually used continuously by ICCs/IPs
for a period of at least thirty (30) years for agricultural, residential, pasture, or tree farming purposes,
including those with slope of more than eighteen (18) degrees are hereby classified as alienable and
disposable agricultural lands and may be titled in accordance with the provisions of Commonwealth
Act No. 141, as amended. Ancestral lands within ancestral domains shall remain an integral part
thereof and can only be transferred or otherwise encumbered subject to customary laws and
traditions of the community where the same is located

“RESPONSIBILITIES OF ICCS/IPS TO THEIR ANCESTRAL DOMAINS. — ICCs/IPs occupying a

duly certified ancestral domain shall have the following responsibilities:
“Maintain Ecological Balance. To preserve, restore, and maintain a balanced ecology in the
ancestral domain by protecting the flora and fauna, watershed areas, and other reserves
“Restore Denuded Areas. To actively initiate, undertake and participate in the reforestation of
denuded areas and other development programs and projects subject to just and reasonable
remuneration
“Observe Laws. — In maintaining ecological balance and restoring denuded areas within their
ancestral domains, the ICCs/IPs shall adhere to the letter, spirit and intent of the Act

“RIGHT TO SELF-GOVERNANCE AND EMPOWERMENT

“Self-Governance. 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 their economic, social
and cultural development
“Justice System, Conflict Resolution Institutions, and Peace Building Processes. — The
ICCs/IPs shall have the right to use their own commonly accepted justice systems, conflict
resolution institutions, peace building processes or mechanisms and other customary laws and
practices within their respective communities and as may be compatible with the national legal
system and with internationally recognized human rights
“Right to Participate in Decision-Making. ICCs/IPs have the right to participate fully, if they
so choose, at all levels of decision-making in matters which may affect their rights, lives and destinies
through procedures determined by them as well as to maintain and develop their own indigenous
political structures. Consequently, the State shall ensure that the ICCs/IPs shall be given mandatory
representation in policymaking bodies and other local legislative councils
 “Right to Determine and Decide Priorities for Development. The ICCs/IPs shall have the
right to determine and decide their own priorities for development affecting their lives, beliefs,
institutions, spiritual well-being, and the lands they own, occupy or use. They shall participate in
the formulation, implementation and evaluation of policies, plans and programs for national,
regional and local development which may directly affect them
“Tribal Barangays. The ICCs/IPs living in contiguous areas or communities where they form
the predominant population but which are located in municipalities, provinces or cities where they
do not constitute the majority of the population, may form or constitute a separate barangay in
accordance with the Local Government Code on the creation of tribal barangays
“Support for Autonomous Regions. The State shall continue to strengthen and support the
autonomous regions created under the Constitution as they may require or need. The State shall
likewise encourage other ICCs/IPs not included or outside Muslim Mindanao and the Cordilleras
to use the form and content of their ways of life as may be compatible with the fundamental rights
defined in the Constitution of the Republic of the Philippines and other internationally recognized
human rights
“Role of Peoples Organizations. The State shall recognize and respect the role of independent
ICCs/IPs organizations to enable the ICCs/IPs to pursue and protect their legitimate and collective
interests and aspirations through peaceful and lawful means

“SOCIAL JUSTICE AND HUMAN RIGHTS

“Equal protection before the law. With due recognition of the ICCs/IPs’ distinct characteristics
and identity, the State shall accord to members of the ICCs/IPs the rights, protections and privileges
enjoyed by the rest of the citizenry. The NCIP shall ensure that fundamental human rights and
freedom are guaranteed to all members of the ICCs/IPs as already accorded to every member of
society
“Rights during armed conflict. ICCs/IPs have the right to special protection and security in
periods of armed conflict. The State shall observe international standards, in particular, the Fourth
Geneva Convention of 1949, for the protection of civilian populations in circumstances of emergency
and armed conflict, and shall not recruit members of the ICCs/IPs against their will into the armed
forces, and in particular, for use against other ICCs/IPs; nor recruit children of ICCs/IPs into the
armed forces under any circumstance; nor force indigenous individuals to abandon their lands,
territories and means of subsistence, or relocate them in special centers for military purposes under
any discriminatory condition
“Freedom from Discrimination and Right to Equal Opportunity and Treatment. It shall be
the right of the ICCs/IPs to be free from any form of discrimination, with respect to recruitment and
conditions of employment, such that they may enjoy equal opportunities for admission to
employment, medical and social assistance, safety as well as other occupationally-related benefits,
informed of their rights under existing labor legislation and of means available to them for redress,
not subject to any coercive recruitment systems, including bonded labor and other forms of debt
servitude; and equal treatment in employment for men and women, including the protection from
sexual harassment
 “Right to Employment. It shall be unlawful for any person: a) to discriminate against any
ICC/IP with respect to the terms and conditions of employment on account of their descent. Equal
remuneration shall be paid to ICC/IP and non-ICC/IP for work of equal value; and b) to deny any
ICC/IP employee any right or benefit herein provided for or to discharge them for the purpose of
preventing them from enjoying any of the rights or benefits provided under this Act
“Basic Services. The ICCs/IPs have the right to special measures for the immediate, effective
and continuing improvement of their economic and social conditions, including in the areas of
employment, vocational training and retraining, housing, sanitation, health and social security.
Particular attention shall be paid to the rights and special needs of indigenous women, elderly,
youth, children and differentlyabled persons. Accordingly, the State shall guarantee the right of
ICCs/IPs to government’s basic services which shall include, but not limited to, water and electrical
facilities, education, health, and infrastructure
“Women. ICC/IP women shall enjoy equal rights and opportunities with men, as regards the
social, economic, political and cultural spheres of life. The participation of indigenous women in the
decision-making process in all levels, as well as in the development of society, shall be given due
respect and recognition
“Children and Youth. The State shall recognize the vital role of the children and youth of
ICCs/IPs in nation-building and shall promote and protect their physical, moral, spiritual,
intellectual and social well-being. Towards this end, the State shall support all government programs
intended for the development and rearing of the children and youth of ICCs/IPs for civic efficiency
and establish such mechanisms as may be necessary for the protection of the rights of the indigenous
children and youth
“Integrated System of Education. The State shall, through the NCIP, provide a complete,
adequate and integrated system of education, relevant to the needs of the children and young people
of ICCs/IPs

“CULTURAL INTEGRITY. Cultural integrity shall refer to the holistic and integrated adherence of
a particular ICC/IP community to their customs, religious beliefs, traditions, indigenous knowledge
systems and practices and their right to assert their character and identity as peoples
“Protection of Indigenous Culture, Traditions and Institutions. 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
“Educational Systems. 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. Indigenous children/youth shall have the right to
all levels and forms of education of the State
“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 culturaleducational 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
“Community Intellectual Rights. 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
“Rights to 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
“Right to Indigenous Knowledge Systems and Practices and to Develop own Sciences and
Technologies. 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
“Access to Biological and Genetic Resources. Access to biological and genetic resources and
to indigenous knowledge related to the conservation, utilization and enhancement of these
resources, shall be allowed within ancestral lands and domains of the ICCs/IPs only with a free and
prior informed consent of such communities, obtained in accordance with customary laws of the
concerned community

“NATIONAL COMMISSION ON INDIGENOUS PEOPLES (NCIP). To carry out the policies herein
set forth, there shall be created the National Commission on ICCs/IPs (NCIP), which shall be the
primary government agency responsible for the formulation and implementation of policies, plans
and programs to promote and protect the rights and well-being of the ICCs/IPs and the recognition
of their ancestral domains as well as the rights thereto
“Mandate. The NCIP shall protect and promote the interest and well-being of the ICCs/IPs
with due regard to their beliefs, customs, traditions and institutions
“The NCIP has been the subject of much criticism from both indigenous organizations and other
concerned bodies due to its lack of independence and autonomy. Indicative of this lack of autonomy
is that since its creation in 1997, the NCIP has been transferred from the Office of the President, to
the Department of Agrarian Reform (DAR), and most recently, following another six months under
the Office of the President, to the Department of Environment and Natural Resources (DENR). The
transfer of the NCIP from one agency to another greatly undermines any credibility in its ability to
independently execute its mandate. By attaching the NCIP to, or placing it under, other agencies
such as the DAR and the DENR, it is subject to the interference of these agencies which have directly
conflicting interests and agendas. Shifting the body responsible for upholding Indigenous Peoples’
rights from a framework of agrarian reform to one of environment and natural resources is
illustrative of the ambiguous perception of the Government with regard to Indigenous Peoples’
rights and its lack of political will to uphold these rights.”

GUIDE FOR UNDERSTANDING:

1. What was the main provision of the Cariño Doctrine? How was it in conflict with the
Regalian Doctrine?
2. What does the statement, “The 1987 Constitution marked a significant change in the
State’s attitude towards Indigenous Peoples from one of ‘integration’ to ‘recognition’ of
their rights,” mean? [See Historical roots of indigenousness, Unit 2]
3. What insights can you draw from the Philippines’ State Policies as embodied in the 1987
Constitution in relation to the recognition of indigenous peoples?
4. Why did the Philippine government enact the Indigenous Peoples Rights Act?
5. What are the key components/elements of the Right to ancestral domains?
6. What are the key components/elements of the Right to ancestral lands?
7. What insights can you draw from the Indigenous Peoples’ Responsibilities to their
ancestral domains?
8. What is empowerment and how is this expounded in the indigenous peoples’ Right to self-
governance?
9. What are the key components/elements of the indigenous peoples’ recognition of their
human rights in relation to social justice?
10. What does Cultural Integrity mean and what does the IPRA provide to ensure its
recognition and protection?
11. What is the primary purpose of the National Commission on Indigenous Peoples? How
has the said Commission fulfilled its mandate? [Note: You may need to search for NCIP
reports of their accomplishment or news articles regarding how the NCIP performed over
the years since its creation]
NAME: ______________________________________ DATE: _____________
COURSE-YEAR-SECTION: ______________

Exercise 4.2. Legalization of the Indigenous Peoples’ rights

MATCHING TYPE: Match items in column A with items in column B. Write your answers on the
blanks provided before the numbers in column A.

A B

____1. Differentiated IPs A. Acknowledgement of IP rights

____2. Assimilation of IPs B. Advisory group of IP traditional leaders and elders
____3. Ancestral land C. Inherent IP rights
____4. Integration of IPs D. State owns public lands, waters, and natural
____5. Recognition of IP rights resources
____6. Ancestral domain E. Active encouragement of IP rights
____7. Consultative body F. Enhancement or transformation of IP culture
____8. Legalized IP rights G. IPs own the lands they possessed since time
____9. Respect for IP rights immemorial
____10. Regalian doctrine H. Redistribution of farm lands
____11. Protection of IP rights I. IP culture-based ways of knowing
____12. Customary laws J. Treatment of IPs as insignificant or unimportant
____13. Indigenous learning K. Disposable land for private use
systems L. Free prior and informed consent
____14. Cariño doctrine M. IPs are to become equal with Christians
____15. Agrarian reform N. Unregistered land owned by the State
____16. Development of IP culture O. Indigenous persons joining the legislative council of
____17. Natural IP rights an LGU
____18. Alienable land P. IPs to be united with the majority
____19. Preservation of IP culture Q. Indigenous cultural communities
____20. Public land R. Rules traditionally observed and accepted by IPs
____21. IP Mandatory S. IP rights made lawful
Representatives T. Admiration for IP rights
____22. Indigenous peoples U. Distinct IPs
____23. Promotion of IP rights V. Supreme law of the Philippines
____24. 1987 Constitution W. Individually or family owned IP land
____25. Marginalization of IPs X. Safeguarding of IP rights from threats
Y. Land, waters, and natural resources owned by IPs
Z. Keeping alive of IP culture in its original state