Title
Guidelines for Indigenous Peoples' Representation in LGUs
Law
Ncip Administrative Order No. 001
Decision Date
Mar 4, 2010
The National Commission on Indigenous Peoples establishes guidelines for the mandatory representation of Indigenous Peoples in local legislative councils, ensuring their participation in decision-making processes and the preservation of their cultural rights and political structures.

Q&A (NCIP ADMINISTRATIVE ORDER NO. 001)

The guidelines are officially titled the 'National Guidelines for the Mandatory Representation of Indigenous Peoples in Local Legislative Councils,' also known as Policy Guidelines.

The mandatory representation is provided under Section 16 of Republic Act 8371, the Indigenous Peoples Rights Act of 1997.

Section 10, Article II and Section 17, Article XIV of the 1987 Philippine Constitution provide the basis, emphasizing social justice and the recognition, respect, and protection of Indigenous Peoples' rights.

The key principles include the primacy of customary laws and practices, consensus building, inclusivity and full participation, representation of collective interests of Indigenous Peoples, sustainability of Indigenous Peoples Consultative Bodies, capacity building, and gender equity and sectoral representation.

ICCs/IPs are groups identified by self-ascription and ascription by others, who have lived continuously on communally bounded territories since time immemorial, sharing common bonds of language, customs, traditions, and other cultural traits, including those displaced or resettled outside their ancestral domains.

The representative must be a natural-born Filipino citizen, a registered voter in the area, a bona fide Indigenous Person by blood recognized as a leader with a track record of service certified by the NCIP, able to read and write, and knowledgeable of and practicing customary ways of their community.

Disqualifications include convictions by elders for violating customs, criminal convictions involving moral turpitude or imprisonment over one year within two years of serving sentence, removal from public office due to administrative cases, violations of oath of allegiance, dual citizenship, fugitive status, permanent residency abroad, or insanity as determined by competent authorities.

The term is three years from assumption to office, renewable once but limited to three consecutive terms. There may be term-sharing agreements among multiple Indigenous groups in a locality.

NCIP facilitates information and consultation assemblies, assists in the selection process, documents proceedings, certifies validity of selections, and works with DILG and LGUs to build representatives' capacity and ensure their active participation.

The IPCB consists of traditional leaders, elders, and representatives from women and youth sectors of various Indigenous Peoples. It serves as a consultative body to support representation and address community concerns as provided under Section 50 of IPRA and NCIP Administrative Order No. 1, series of 2004.


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