Rules Implementing Indigenous Peoples' Rights Act

Law Summary

Declaration of Policy

State recognizes inherent dignity and equal, inalienable rights of all, including indigenous cultural communities/indigenous peoples (ICCs/IPs).
ICCs/IPs rights are universal, indivisible, interdependent, and interrelated.
Policy promotes individual and collective rights within national unity and development framework, per the Constitution.

Operating Principles

Cultural Diversity: Encourage diversity with openness and mutual respect.
Consensus and Peace-Building: Resolve disputes through dialogue and consensus.
Cultural Integrity: Holistic adherence to customs, traditions, and indigenous knowledge within ancestral domains.
Human Dignity: Respect for unique identity and sacred dignity.
Subsidiarity, Solidarity, and Total Human Development: Rights are limited only for respect of others and general welfare.
Transparency and Capacity Building: NCIP operates transparently and works to empower ICCs/IPs.

Definition of Terms

Ancestral Domains: Area owned, occupied, or possessed by ICCs/IPs since time immemorial, including lands, waters, resources.
Ancestral Lands: Individually or communally held lands under property rights within ancestral domains.
Certificate of Ancestral Domain Title (CADT) and Certificate of Ancestral Land Title (CALT): Formal titles recognizing rights.
Free and Prior Informed Consent (FPIC): Consensus of the ICCs/IP community free from coercion before any project affecting them.
Indigenous Cultural Communities/Indigenous Peoples (ICCs/IPs): Groups with distinct ethnic identity, territory, and customs since time immemorial.
Customary Laws: Traditional rules and usages accepted by ICCs/IPs.
Sustainable Traditional Resource Rights: Rights to sustainably use and conserve land, water, resources per indigenous knowledge.
Usurpation and Unauthorized Intrusion: Illegal taking of property or entry without consent.

Rights to Ancestral Domains and Lands

Ownership Rights: ICCs/IPs hold communal and individual ownership rights including use, possession, exclusion.
Development Rights: Rights to control and sustainably develop lands, resources, sacred sites; priority in resource utilization.
Benefits: Right to equitable benefit-sharing and compensation for social/environmental costs.
Right to Stay and Not be Displaced: Relocation only with free and prior informed consent and under legal processes; rights to return and compensation.
Right to Regulate Entry: ICCs/IPs control entry of migrants and non-ICCs in ancestral domains, based on community consensus.
Right to Safe and Clean Environment: ICCs/IPs have the right to regulate activities affecting air, water; environmental conservation programs required.
Right to Claim Parts of Reservations: Can reclaim ancestral domain areas that have been reserved by the government.
Conflict Resolution: Land disputes to be resolved primarily via customary laws; legal appeals possible.
Transfer and Redemption: Indigenous modes of property transfer recognized; fraudulent land transfers to non-IPs voidable.

Responsibilities of ICCs/IPs to Ancestral Domains

Maintain Ecological Balance: Formulate traditional resource protection systems; enforce environmental laws.
Restore Denuded Areas: Collaborate with agencies and enforce reforestation where applicable.
Observe Laws: Adherence to IPRA and environmental regulations.

Right to Self-Governance and Empowerment

Recognition and Support of Indigenous Leadership and Political Structures.
Authority to Authenticate Leadership Titles and Issue Certificates of Membership.
Mandatory ICCs/IP Representation in policy-making bodies.
Right to Determine Own Development and Formation of Tribal Barangays.

Role and Regulation of Indigenous Peoples Organizations (IPO) and NGOs

Right to Organize and Register with NCIP.
Registration requirements and monitoring.
Accreditation of NGOs operating within ancestral domains with renewal and revocation processes.

Free and Prior Informed Consent (FPIC) as Instrument of Empowerment

FPIC applies to all development projects affecting ICCs/IPs.
ICCs/IPs independently assess and decide on interventions.
Detailed procedures for securing consent include notices, meetings, documentation.
Proponent obligations for disclosure, impact assessments, and bond deposits.
FPIC covers various activities including resource development, research, relocation, military presence.
Memorandum of Agreement (MOA) executed for consent specifying benefits, responsibilities, penalties.
Consent non-transferable except in certain ownership changes.

Social Justice and Human Rights

Equal protection and fundamental rights guaranteed.
Special rights during armed conflict including protection from recruitment and displacement.
Freedom from discrimination.
Employment rights and affirmative measures.
Rights to basic services including education, health, housing.
Special programs for women, children, youth, preserving cultural integrity.

Cultural Integrity

Protection of culture, traditions, institutions, and intellectual property rights.
Right to establish and control educational systems aligning with traditions.
Recognition of cultural diversity and customary laws in civil relations including marriage.
Right to indigenous names and history.
Protection of cultural sites, artifacts, and spiritual beliefs.
Regulation of research and use of indigenous knowledge.
Prevention of commercialization of culture without consent.
Inventory and control over biological/genetic resources.
Support for agro-technological development and management of archeological sites.

National Commission on Indigenous Peoples (NCIP)

Creation as primary government agency under the Office of the President.
Mandated to protect and promote ICCs/IPs rights.
En Banc body of seven Commissioners representing ethnographic regions with specific qualifications.
Powers include policy formulation, ancestral domain titling and registration, legal actions, fund management, international representation.
Transparency and public access to records.
Structural offices dedicated to ancestral domains, policy, education, socio-economic services, empowerment, administration, legal affairs, and others.
Establishment of Regional and Field Offices for service delivery.

Consultative Body

Composed of indigenous leaders, elders, representatives of women and youth.
Advises NCIP on ICCs/IPs concerns.
Convened periodically at various administrative levels.
Uses consensus decision-making.

Delineation and Recognition of Ancestral Domains/Lands

Principle of self-delineation by ICCs/IPs councils of elders using traditional landmarks.
Petition process for delineation with consultations, census, documentation, and validation.
Ocular inspection and publication of claims for objections.
Issuance of Certificate of Ancestral Domain Title (CADT).
Validation of prior delineations from DENR records possible.
Turn-over of ancestral domain jurisdiction to ICCs/IPs with possible joint management agreements.
Procedures for ancestral land titling within and outside ancestral domains.
Registration of CADTs and CALTs with appropriate government registries.
Reconveyance of fraudulently transferred ancestral lands pursued legally.

Ancestral Domain Development and Protection

ICCs/IPs right to self-determined economic, social, cultural development.
Formulation of Ancestral Domain Sustainable Development and Protection Plans (ADSDPP).
Community participation and validation in ADSDPP formulation.
Priority rights in natural resource use and joint ventures.
Respect for existing property rights and renewal conditions for existing contracts.
Management of environmentally critical areas according to indigenous knowledge.
Formulation of a Five-Year Master Plan for delivery of basic services.
NCIP pre-certification required before government permits or licenses issued within domains.
NCIP authority to stop or suspend projects that violate consent or agreements.
Tax exemption for ancestral domain lands with exceptions.
Temporary requisition and expropriation provisions.

Jurisdiction and Enforcement

Primacy of customary law in resolving property conflicts.
NCIP adjudicates disputes involving non-ICCs/IPs or unresolved disputes.
Appeals to Court of Appeals permitted.
NCIP has quasi-judicial powers including summoning witnesses, enforcing decisions, and injunction powers.
Restrictions on issuance of restraining orders against NCIP actions.

Ancestral Domain Funds

Funding sourced from government appropriations, grants, donations.
Equitable allocation based on domain size.
Direct fund grants to capable IPOs or management by NCIP with monitoring.
Subject to standard government audit and reporting.

Penalties and Sanctions

Punishable acts include unauthorized intrusion, misrepresentation, usurpation, forcible displacement, environmental pollution.
Employment violations include hazardous conditions, wage non-payment, discrimination, exploitation.
Cultural violations including unlawful excavation and destruction of artifacts.
Liability applies to individuals, juridical persons, organizers, and government personnel.
Penalties include imprisonment (9 months to 12 years), fines (100,000 to 500,000 pesos), damages, deregistration, and disqualification from public office.
ICCs/IPs communities may impose customary penalties if not cruel, degrading or excessive.

Merger of ONCC/OSCC to Form NCIP

Merger aims for efficient and responsive government agency serving ICCs/IPs.
Procedures include staff restructuring, reappointments, retirements with gratuities.
Placement Committee created with representation from NCIP, employees, NGOs, and IPOs to guide personnel appointments.
Transition period includes winding up and transfer of records, assets, and planning for NCIP operations.

Final Provisions

Applicability nationwide except certain lands in Baguio City with special rules.
Coordinating Desk for Baguio ancestral land claims established.
Separability and repealing clauses included.
Rules become effective 15 days af