Question & AnswerQ&A (Republic Act No. 8371)
The short title of Republic Act No. 8371 is "The Indigenous Peoples Rights Act of 1997."
The State shall recognize and promote all the rights of ICCs/IPs within the framework of national unity and development, protect their rights to ancestral domains ensuring their economic, social, and cultural well-being, recognize customary laws, guarantee equal human rights regardless of sex, and establish mechanisms to enforce these rights.
Ancestral Domains refer to all areas generally belonging to ICCs/IPs comprising lands, inland waters, coastal areas, and natural resources therein, held under claims of ownership since time immemorial, and necessary to ensure their economic, social and cultural welfare. This includes ancestral lands, forests, residential, agricultural lands, hunting grounds, burial and worship areas, water bodies, minerals, and lands traditionally accessed by ICCs/IPs.
ICCs/IPs have the rights of ownership, to develop lands and natural resources, to stay in their territories without forced relocation without free and prior informed consent, to regulate entry of migrants, to access safe and clean air and water, to claim parts of reservations, and to resolve conflicts according to customary laws.
Violators shall be punished with imprisonment of not less than nine months but not more than twelve years, or a fine ranging from One hundred thousand pesos (P100,000) to Five hundred thousand pesos (P500,000), or both, and must compensate the ICCs/IPs for damages suffered, all in accordance with the customary laws without cruel or excessive punishment.
The NCIP is the primary government agency responsible for the recognition, protection, and promotion of ICCs/IPs rights. It is composed of seven commissioners appointed by the President, each representing different ethnographic areas, including at least two women commissioners, and operates under the Office of the President.
Delineation is guided by self-delineation by ICCs/IPs, with proof such as sworn statements of elders, written accounts of customs, historical documents, maps, and anthropological data. Findings are posted for public notice to allow oppositions before certificate issuance by the NCIP.
Indigenous women shall enjoy equal rights and opportunities with men in social, economic, political, and cultural spheres, including participation in decision-making, equal access to education, health and maternal care, vocational training, and services in their own languages.
Conflicting claims within ancestral domains shall first be resolved through customary laws and processes. The NCIP has jurisdiction to hear unresolved disputes and may promulgate adjudicatory rules. Decisions can be appealed to the Court of Appeals within 15 days. Expropriation may be used for resolving conflicts based on the common good, and fraudulent claims may be cancelled by the NCIP.