Indigenous Peoples Rights Act of 1997

RA 8371 (IPRA) is treated as an Environmental Law by virtue of its provisions

protecting the ancestral domains and imposing the requirement upon project
proponents to secure Free Prior and Informed consent of the affected Indigenous
Peoples before the utilization of natural resources over their ancestral domains
can be made.
Overview
It was only in the 1973 Constitution where indigenous people found their place in
the countrys national framework. The provision in the Philippine Constitution was
intended to authorize special treatment of those Filipinos comprising the cultural
minorities in the country. As a matter of policy, the State recognizes and
promotes the rights of indigenous cultural communities within the framework of
national unity and development.To this end, the State shall protect the rights of
indigenous cultural communities to their ancestral lands to ensure their
economic, social and cultural well-being. The recognition of IP rights are,
however, subject to national development policies and programs.
In 1997, after ten years of lobbying and campaigning, the Indigenous Peoples
Rights Act (IPRA) was passed by the Philippine Congress. The IPRA was meant
to be a corrective legislation, meaning, it sought to address historical injustices
perpetuated against indigenous peoples. These rights, as well as other rights
found in different laws, have been used by communities and non-government
organizations to protect indigenous peoples rights from encroachment. In this
way, IPRA was a sentry that delayed or hampered the entry of unwanted projects
into ancestral territories.
Indigenous Concept of Ownership
Indigenous concept of ownership sustains the view that ancestral domains and
all resources found therein shall serve as the material bases of their cultural
integrity. The indigenous concept of ownership generally holds that ancestral
domains are the ICC's/IP's private but community property which belongs to all
generations and therefore cannot be sold, disposed or destroyed. It likewise
covers sustainable traditional resource rights.
Unauthorized and unlawful intrusion upon, or use of any portion of the ancestral
domain, or any violation of the rights herein before enumerated, shall be
punishable under this law. Furthermore, the Government shall take measures to
prevent non-ICCs/IPs from taking advantage of the ICCs/IPs customs or lack of
understanding of laws to secure ownership, possession of land belonging to said
ICCs/IPs.
Environmental Consideration
Ancestral domains or portion thereof, which are found necessary for critical
watersheds, mangroves wildlife sanctuaries, wilderness, protected areas, forest
cover, or reforestation as determined by the appropriate agencies with the full
participation of the ICCs/IPs concerned shall be maintained, managed and
developed for such purposes. The ICCs/IPs concerned shall be given the

responsibility to maintain, develop, protect and conserve such areas with the full
and effective assistance of the government agencies. Should the ICCs/IPs
decide to transfer the responsibility over the areas, said decision must be made
in writing. The consent of the ICCs/IPs should be arrived at in accordance with its
customary laws without prejudice to the basic requirement of the existing laws on
free and prior informed consent: Provided, That the transfer shall be temporary
and will ultimately revert to the ICCs/IPs in accordance with a program for
technology transfer: Provided, further, That no ICCs/IPs shall be displaced or
relocated for the purpose enumerated under this section without the written
consent of the specific persons authorized to give consent.
Free, Prior and Informed Consent
The Declaration on the Rights of Indigenous Peoples requires States to 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. States must have consent as the objective of consultation
before any of the following actions are taken:
The adoption of legislation or administrative policies that affect indigenous
peoples
The undertaking of projects that affect indigenous peoples rights to land,
territory and resources, including mining and other utilization or exploitation of
resources.
In certain circumstances, there is an obligation to obtain the consent of the
indigenous peoples concerned, beyond the general obligation to have consent as
the objective of consultations. For example, the Declaration explicitly requires
States to obtain consent of indigenous peoples in cases of:
The relocation of indigenous peoples from their lands or territories
The storage or disposal of hazardous materials on indigenous peoples lands or
territories
Furthermore, indigenous peoples who have unwillingly lost possession of their
lands, when those lands have been confiscated, taken, occupied or damaged
without their free, prior and informed consent are entitled to restitution or other
appropriate redress (article 28).
Rights under the IPRA
RIGHTS OVER ANCESTRAL DOMAIN
1. 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
2. Right to Develop Lands and Natural Resources
3. Right to Stay in the Territories
4. In case displacement occurs as a result of natural catastrophes, the State

shall endeavor to resettle the displaced ICCs/IPs in suitable areas where

they can have temporary life support system: Provided, That the displaced
ICCs/IPs shall have the right to return to their abandoned lands until such
time that the normalcy and safety of such lands shall be determined.
5. Right to Regulate Entry of Migrants
6. Right to Safe and Clean Air and Water
7. Right to Claim Parts of Reservations
Responsibilities of ICCs/IPs to their Ancestral Domains
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; and
Observe Laws- To observe and comply with the provisions of this Act and the
rules and regulations for its effective implementation.
IPRA was the only legislation that specifically provided for the right of indigenous
peoples to determine their own development, even if there was a qualification in
the 1987 Constitution that such development of communities must be in
accordance with national development. The law specifically states The State
recognizes the inherent right of ICCs/IPs to self-governance and selfdetermination 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. Ideally, this would mean that
indigenous peoples do not only have the power to participate in decision-making
processes of the State, but going beyond that, they themselves have the power
to determine the fates of their territories and their lives.
Another introduction of the IPRA that remains to be used as a strategy to secure
land security is the establishment of a formal system that will recognize ancestral
territories. Though in the past land laws in the Philippines, reference is made to
the territories of cultural minorities, these laws have always given restrictions on
ownershhip on territories. Some land laws do not even recognize indigenous
ownership, instead, considers the land as part of agrarian reform or resettlement
reservations. Others would impose limits on the size and expanse of ownership.
With IPRA, communities can apply for a formal title that can be as much as tens
of thousands of hectares, as long as the community can prove time immemorial
possession.
The last, and maybe the most controversial element, of IPRA is the creation of
the National Commission on Indigenous Peoples or NCIP. The NCIP has the
mandate to protect and promote the rights of communities. It has the power to
formulate policies and regulations for the proper implementation of IPRA. It was
supposed to be an independent agency whose members were representatives of
indigenous peoples themselves. It also had the power to determine cases that

involved indigenous peoples.