QuestionsQuestions (Republic Act No. 8371)
RA 8371 declares that the State shall recognize and promote ICC/IP rights within the Constitution; protect ICC/IP rights to ancestral domains to ensure economic, social, and cultural well-being; respect ICC/IP cultures, traditions, and institutions in law and policy formulation; guarantee equal enjoyment of human rights without discrimination; and institute mechanisms to enforce these rights with maximum ICC/IP participation.
“Ancestral Domains” are all areas generally belonging to ICCs/IPs comprising lands, inland waters, coastal areas, and natural resources therein, held under a claim of ownership and occupied/possessed since time immemorial up to the present, except interruptions by war/force majeure/displacement by force/deceit/stealth or as a consequence of government projects/voluntary dealings entered into by government and private entities. It includes ancestral lands, forests, pasture, residential/agricultural/other lands, hunting grounds, burial grounds, worship areas, bodies of water, mineral and other natural resources, and traditionally accessed areas for subsistence and traditional activities, even if no longer exclusively occupied.
It is the consensus of all members of the ICCs/IPs to be determined in accordance with their customary laws and practices, obtained free from external manipulation, interference, and coercion, and secured after fully disclosing the intent and scope of the activity in a language and process understandable to the community.
Ancestral Domains cover a broader territorial concept including lands, waters, coastal areas, and natural resources, held communally or individually since time immemorial. Ancestral Lands refer to land occupied, possessed, and utilized by individuals, families, and clans since time immemorial under claims of individual or traditional group ownership.
They include: (1) right of ownership; (2) right to develop lands and natural resources; (3) right to stay in the territories and not be relocated without FPIC (and only through eminent domain when exceptional and with FPIC, plus right to return or suitable lands and full compensation); (4) rights in case of displacement by natural catastrophes (temporary life support, right to return until safety/normalcy, security of tenure if return not possible, and basic services/livelihood); (5) right to regulate entry of migrants; (6) right to safe and clean air and water; (7) right to claim parts of reservations (except those reserved for common/public welfare and service); and (8) right to resolve conflict per customary laws, and only in default submit to amicable settlement and courts.
No relocation without the ICCs/IPs’ free and prior informed consent and not through means other than eminent domain. If relocation is exceptional and necessary, it must still be with FPIC. Whenever possible, they must be guaranteed the right to return once grounds cease. If return is impossible (by agreement or appropriate procedures), they must be provided with lands of at least equal quality and legal status suitable for present needs and future development, and persons relocated must be fully compensated for loss or injury.
It recognizes ownership and possession. It includes the right to transfer land/property rights among members of the same ICCs/IPs subject to customary laws and traditions. It also grants a right of redemption: if transfer of rights to a non-member is tainted by vitiated consent or transferred for unconscionable consideration/price, the transferor ICC/IP has the right to redeem within not exceeding fifteen (15) years from the date of transfer.
If occupying a duly certified ancestral domain: (1) maintain ecological balance (protect flora/fauna, watersheds, reserves); (2) restore denuded areas through reforestation and development programs subject to just and reasonable remuneration; and (3) observe laws and comply with RA 8371 and its implementing rules.
It punishes unauthorized and unlawful intrusion upon or use of any portion of ancestral domain, and violations of the rights enumerated. The Government must also take measures to prevent non-ICCs/IPs from taking advantage of ICCs/IPs’ customs or lack of understanding of laws to secure ownership/possession of their land.
It recognizes ancestral domain rights based on Native Title and respects them. Formal recognition upon application is embodied in a Certificate of Ancestral Domain Title (CADT), which recognizes the ICCs/IPs’ title over territories identified and delineated under the law.
The member must have individually-owned ancestral lands where they (or predecessors-in-interest) have been in continuous possession and occupation in the concept of owner since time immemorial or for at least 30 years immediately preceding the approval of the Act, and the claim must be uncontested by members of the same ICCs/IPs. The option must be exercised within 20 years from the approval of RA 8371. It also classifies certain agricultural/actually-used lands (including those with slope 18% or more) as alienable and disposable agricultural lands.
The State recognizes the inherent right of ICCs/IPs to self-governance and self-determination, respects the integrity of their values, practices, and institutions, and guarantees their right to freely pursue economic, social, and cultural development.
ICCs/IPs have the right to use their own commonly accepted justice systems, conflict resolution institutions, peace-building processes, or other customary laws and practices within their communities, provided they are compatible with the national legal system and with internationally recognized human rights.
ICCs/IPs have the right to fully participate, if they choose, at all levels of decision-making in matters affecting their rights, lives, and destinies through procedures determined by them, while maintaining and developing their indigenous political structures. The State must ensure mandatory representation in policy-making bodies and other local legislative councils.
Self-delineation is guiding; ICCs/IPs have decisive roles; sworn statements of elders and boundary pacts are essential. A petition/delineation may be initiated with consent or by majority petition. Delineation involves coordinated identification including census. Proof includes elders’ testimony and authentic documents (e.g., customs/political structure, pictures of long-term occupation, pacts, survey plans, anthropological/genealogical data, etc.). Preparation of perimeter maps and technical descriptions is required. Notice/publication lasts at least 15 days; documents are posted locally and at NCIP offices and published in a newspaper once a week for two consecutive weeks, allowing 15 days for opposition (radio broadcasting substitute if no newspaper). The Ancestral Domains Office endorses favorable action to the NCIP, rejects fraudulent claims, and denial is appealable to the NCIP.