REPUBLIC ACT NO.

8371
THE INDIGENOUS PEOPLES RIGHTS ACT (IPRA)

THE INDIGENOUS PEOPLES RIGHTS ACT (IPRA)

Approved: Oct 29 1997 by Fidel V. Ramos Indigenous peoples = groups of Filipinos who have retained a high degree of continuity from pre-conquest culture. 1. Recognition of ICCs/IPs civil and political rights; 2. their social and cultural rights; and 3. their general concept of property rights 4. Creation of National Commission on Indigenous Peoples (NCIP)

SEC. 2. DECLARATION OF STATE POLICIES.

The State shall recognize and promote all the rights of Indigenous Cultural Communities/ Indigenous Peoples (ICCs/IPs) within the framework of the Constitution The State shall protect the rights of ICCs/IPs to their ancestral domains and shall recognize the applicability of customary laws governing property rights The State shall recognize, respect and protect the rights of ICCs/ IPs to preserve and develop their cultures, traditions and institutions The State shall take measures, with the participation of the ICCs/ IPs concerned, to protect their rights and guarantee respect for their cultural integrity, and to ensure that members of the ICCs/IPs benefit on an equal footing from the rights and opportunities which national laws and regulations grant to other members of the population

The States obligations to respond to the strong expression of the ICCs/IPs for cultural integrity by assuring maximum ICC/IP participation in the direction of education, health, as well as other services of ICCs/lPs, in order to render such services more responsive to the needs and desires of these communities.

CHAPTER III: RIGHTS TO ANCESTRAL DOMAINS

Right of Ownership

Right to Develop Lands and Natural Resources.

right to develop, control and use lands; to manage and conserve natural resources to benefit and share the profits from allocation and utilization of the natural resources right to negotiate the terms and conditions for the exploration of natural resources right to an informed and intelligent participation in the formulation and implementation of any project to receive just and fair compensation for any damages Right to Stay in the Territories relocation shall take place only with the free and prior informed consent of the ICCs/IPs concerned and whenever possible, they shall be guaranteed the right to return to their ancestral domains, as soon as the grounds for relocation cease to exist Right to Regulate Entry of Migrants. 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 and public welfare and service Right to Resolve Conflict. SEC. 10. Unauthorized and Unlawful Intrusion

CHAPTER IV: RIGHT TO SELF GOVERNANCE AND EMPOWERMENT

SEC. 15. 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. SEC. 16. Right to Participate in DecisionMaking SEC. 17. Right to Determine and Decide Priorities for Development

CHAPTER V: SOCIAL JUSTICE AND HUMAN RIGHTS

SEC. 21. Equal Protection and Nondiscrimination of ICCs/lPs SEC. 22. Rights during Armed Conflict right to special protection and security state 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 force indigenous individuals to abandon their lands or relocate them in special centers for military purposes under any discriminatory condition SEC. 25. Basic Services. State shall guarantee the right of ICCs/IPs to government's basic services

CHAPTER VI: CULTURAL INTEGRITY

SEC. 29. Protection of Indigenous Culture, Traditions and Institutions. SEC. 30. Educational Systems. State to provide equal access to various cultural opportunities to the ICCs/IPs providing education in their own language, in a manner appropriate to their cultural methods of teaching and learning. SEC. 31. Recognition of Cultural Diversity diversity of the cultures appropriately reflected in all forms of education, public information and cultural educational exchange eliminate prejudice and discrimination ensure that State-owned media duly reflect indigenous cultural diversity ensure the participation of appropriate indigenous leaders in schools, communities and international cooperative undertakings to promote and enhance their distinctive heritage and values. SEC. 33. 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 it shall be unlawful to: a) obtain materials of cultural values without the free and prior informed consent of the community concerned; and b) Deface, remove or otherwise destroy artifacts which are of great importance to the ICCs/IPs. SEC. 37. Funds for Archeological and Historical Sites.

CHAPTER VII: NATIONAL COMMISSION ON INDIGENOUS PEOPLES (NCIP)

The NCIP shall be an independent agency under the Office of the President composed of seven (7) Commissioners belonging to ICCs/IPs, Commissioners shall be appointed by the President of the Philippines from a list of recommenders submitted by authentic ICCs/ IPs: Provided, That the seven (7) Commissioners shall be appointed specifically from each of the following ethnographic areas: Region I and the Cordilleras, Region II, the rest of Luzon, Island Groups including Mindoro, Palawan, Romblon, Panay and the rest of the Visayas; Northern and Western Mindanao; Southern and Eastern Mindanao; and Central Mindanao at least two (2) of the seven(7) Commissioners shall be women. through which ICCs/IPs can seek government assistance and as the medium To review and assess the conditions, existing laws and policies To formulate and implement policies, plans, programs and projects To request and engage external services and support To issue certificate of ancestral land/domain title; to enter into contracts, agreements, or arrangement, with government or private agencies or entities subject to the approval of the President, to obtain loans from government lending institutions and other lending institutions to finance its programs; To represent the Philippine ICCs/IPs in all international conferences and conventions dealing with indigenous peoples and other related concerns.

CHAPTER X: ANCESTRAL DOMAINS FUND

an initial amount of One hundred thirty million pesos (P130,000,000) to cover compensation for expropriated lands, delineation and development of ancestral domains Fifty million pesos (P50,000,000) shall be sourced from the gross income of the Philippine Charity Sweepstakes Office (PCSO) from its lotto operation Ten million pesos (P10,000,000) from the gross receipts of the travel tax of the preceding year, the fund of the Social Reform Council intended for survey and delineation of ancestral lands/domains, and such other source as the government may deem appropriate. The NCIP may also solicit and receive donations, endowments and grants in the form of contributions, and such endowments shall be exempted from income or gift taxes and all other taxes, charges or fees imposed by the government or any political subdivision or instrumentality thereof.

SENATE BILL NO. 2831

TRADITIONAL PROPERTY RIGHTS OF INDIGENOUS PEOPLES ACT

 SECTION 2. Declaration of Principles and Policies

to protect the traditional cultural heritage of the indigenous peoples of the Philippines safeguard the intrinsic values, whether tangible or intangible to support traditional artists and artisans by ensuring that their rights are safeguarded. SECTION 12. Deposit and Notice.

authorship would have to be established to avail of moral rights such as right of attribution.
SECTION 13. Free, Prior and Informed Consent.

Free, prior and informed consent for the use of indigenous peoples intellectual property

SENATE BILL NO. 2814

ANTI-ETHNIC OR RACIAL PROFILING AND DISCRIMINATION ACT OF 2011

Recognize and promote the rights of indigenous cultural communities within the framework of national unity and development
Discrimination shall mean any distinction, exclusion, restriction or preference made on the basis of ethnic or racial origin or religious affiliation or beliefs, which has an effect or purpose of impairing or nullifying the recognition, enjoyment, or exercise by a person, group of persons or institutions of their human rights and fundamental freedoms in the political, economic, social, cultural, civil, or any other field, especially including, but not limited to, employment, livelihood, housing, education and basic services Racial Profiling means the practice of relying to any degree, on race, ethnicity, and religious affiliations, in selecting individuals to subject to routine or spontaneous investigatory activities. Acts of Discrimination: in Employment , Education, Delivery of Goods and Services, Accommodation To subject a person to unnecessary, illegal, and degrading search because of his ethnicity, race or religious affiliation To disallow a person or group of persons from entering any establishment or to subject one to discrimination or harassment because he happens to don an attire based on his ethnicity, race, religious affiliation or belief; To employ religious characterization such as words of religious import in print and broadcast media when geographic, political, socio-economic or other distinction might be more accurate

MINING INDUSTRY AND THE IPRA

MINING ACT OF 1995, RELOCATIONS OF INDIGENOUS PEOPLES AND FORMATION OF PARAMILITARY GROUPS

PHILIPPINE MINING INDUSTRY

The operation and applications of large-scale mining by local and transnational corporations is the biggest threat to the right to ancestral land and to self-determination of indigenous peoples
at least 184 approved mining applications in areas occupied by indigenous peoples estimated 595,058.11 hectares of ancestral lands in 28 provinces five of the six Financial Technical Assistance Agreements (FTAA), 118 of the 338 approved Mineral Production Sharing Agreement(MPSA), 39 of the 89 Exploration Permit (EP), and eight of the 49 Mineral Processing Permits (MPP) are located within the ancestral lands of indigenous people
*October 2010 data

Corporations, with the help of the government use military, police forces, paramilitary groups and other state-sanctioned armed groups to suppress opposition.

MINING ACT OF 1995

Section 4: Mineral resources are owned by the State and the exploration, development, utilization, and processing thereof shall be under its full control and supervision. The State may directly undertake such activities or it may enter into mineral agreements with contractors. Section 16: No ancestral land shall be opened for mining operations shall be opened for mining operations without the prior consent of the indigenous cultural community concerned.

 The land as a key part of the plan Arroyo, to stake the country's future on mining to win the "war on poverty" (Immense, barely tapped reserves of minerals and precious metals offer a rich seam of wealth.) Applications for 2,000 mines with backing from the World Bank and Asian Development Bank
the Philippines liberalised its mining sector regulations in 1995 generous tax breaks few restrictions on foreign ownership to attract investment by multinational mining companies. Legal challenges to the legislation failed despite mining disasters.

CASE 1: MINING APPLICATION IN BAKUN, BENGUET, CORDILLERA

Australian mining company Royalco Philippines Inc. mining exploration permit for more than 5,400-hectares covering Kankana-ey ancestral territories after NCIP granted certificate of compliance to the FPIC. overwhelming rejection to the mining exploration in the first FPIC meeting conducted by NCIP several resolutions and petitions of the Bakun Aywanan peoples organization, as collective decision of no consent. None of these were recognized as decision-making process the NCIP repeated the FPIC process, this time dividing the affected communities to three separate processes, effectively weakening the communitys collective decision. Royalco, through the facilitation of NCIP, forged Memorandum of Agreement with selected tribal leaders
*FPIC = Free, prior and informed consent

CORDILLERA PEOPLES LIBERATION ARMY

recruitment of indigenous peoples to paramilitary groups to aid military operations or to protect corporate interests formal partner of the govt in implementing socio-economic projects acknowledged accountability for the extrajudicial killing of indigenous leaders in 1987
In spite of this, former President Corazon Aquino forged partnership with the CPLA while Gloria Arroyo integrated its members into the AFP The present government of President Benigno Aquino III has once again given the CPLA privileged positions and committed millions of pesos for their socio-economic projects

CASE 2: ALSA LUMAD

2010 - Revival of vigilante group Alsa Lumad as part of the counterinsurgency program Oplan Bantay Laya (OBL) formation of the Task Force Gantangan (TFG) by the Armed Forces of the Philippines as part of the National Internal Security Plan (NISP) to wipe out the insurgency problem by the end of President Arroyos term Recruiting Lumads into tribal warrior groups for intelligence gathering and military operations against the New Peoples Army (NPA) and suspected supporters. employed corrupted Lumad tribal dealers in order to divide the Lumad people and the Visayan settlers.

the new so called lumad members of the barangay defense system were made to march on the street to show that theyre being backed up by the government.

Task Force Gantangan also includes the fake surrender of entire lumad villages, forced to admit of being members of NPAs.

set up in areas where there are mixed lumad and settler population setting up of paramilitary forces with lumad-sounding names like Bagani force, the Alimaong tribal justice, Magahat, Alamara and the Barangay Defense System (BDS) Pangayaw Tribal vendetta/ Traditionally intended to defend Lumad territory from encroachment and destruction Used as mockery of the concept of tribal justice Thru TFG, the pangayaw was the term used for counterinsurgency and security for businesses, commonly harming other Lumads resisting development aggression.

CASE 3: RUBI VS. PROVINCIAL BOARD OF MINDORO

Manguianes are being illegally deprived of their liberty by the provincial officials of that province The non-Christian people of Mindoro were made to live in one place (Tigbao) to be taught/civilized/experience education Any Mangyan who shall refuse to comply with the order shall be imprisoned

As officials charged with the administration of the province and the protection of its inhabitants, they are better fitted to select sites which are favorable for improving the people who have misfortunes of being backward in the society
Tagging of Manguianes as citizens with low degree of intelligence, and Filipinos who are a drag upon the progress of the state

Religious discrimination Deprivation of liberty, slavery, unlawful imprisonment

REFERENCES
Constitutional Law 1: Case Digests Article 6: Legislative Department Retrieved from: http://www.scribd.com/doc/60178393/Article-VI-The-Legislative-Department-CaseDigests-1 The Human Rights Situation of Indigenous Peoples in the Philippines, Kalipunan ng mga Katutubong Mamamayan ng Pilipinas Retrieved from http://www.internaldisplacement.org/8025708F004CE90B/(httpDocuments)/E1A063334EDC361AC1257A210 03BD999/$file/KAMP_UPR_PHL_S13_2012_KalipunanngmgaKatutubongMamamayanng Pilipinas_E.pdf

Mindanao group slams recruitment of lumads to fight the NPAs , Germelina Lacorte, Retrieved from http://davaotoday.com/main/2009/03/05/mindanao-group-slamsrecruitment-of-lumads-to-fight-the-npas/#sthash.M6Pv72mG.dpuf
RA 8371 SB 2831

SB 2814
SB 1342 Mining act of 1995