Indigenous Peoples' Rights Act (IPRA)

Question: What Law Protects Indigenous Peoples' Rights on Land Ownership in the Philippines?

Answer:

1. Indigenous Peoples' Rights Act (IPRA):

   • The primary law that protects the rights of indigenous peoples in the Philippines is Republic Act No. 8371, also known as the Indigenous Peoples' Rights Act of 1997 or IPRA. This law recognizes, protects, and promotes the rights of indigenous cultural communities and indigenous peoples (ICCs/IPs).

2. Ancestral Domains and Ancestral Lands:

   • IPRA specifically provides for the recognition and protection of ancestral domains and ancestral lands, which are traditionally owned by ICCs/IPs.

3. Certificate of Ancestral Domain Title (CADT):

   • Indigenous communities can apply for a Certificate of Ancestral Domain Title (CADT), which provides them with legal recognition over their ancestral domains.

4. Certificate of Ancestral Land Title (CALT):

   • For smaller areas and property, a Certificate of Ancestral Land Title (CALT) can be issued.

5. National Commission on Indigenous Peoples (NCIP):

   • This is the government agency responsible for issuing CADTs and CALTs and ensuring the welfare and rights of the indigenous peoples.

6. Right to Develop Lands and Natural Resources:

   • Under IPRA, indigenous peoples have the right to develop, control, and use lands and territories traditionally occupied, owned, or used by them.

7. Free and Prior Informed Consent (FPIC):

   • Companies or individuals who wish to use land within an ancestral domain are required to get the Free and Prior Informed Consent of the indigenous community.

8. Cultural Integrity:

   • IPRA also contains provisions intended to protect the cultural integrity of indigenous peoples, which includes their relationship to their ancestral lands.

9. Dispute Resolution:

   • IPRA sets up mechanisms for the resolution of disputes involving ancestral domains, ensuring that customary laws and traditions are respected in the process.

10. Protection against Discrimination:

    • IPRA includes various protections against discrimination in relation to land rights, ensuring that indigenous peoples are afforded the same property rights as the rest of the population.

11. Additional Laws:

    • Besides IPRA, other laws, and international agreements like the UN Declaration on the Rights of Indigenous Peoples, may also provide some level of protection, although IPRA remains the primary legislation.

In summary, the Indigenous Peoples' Rights Act (IPRA) of 1997 is the principal law that governs the land ownership rights of indigenous peoples in the Philippines, providing for a comprehensive framework that includes the recognition, protection, and promotion of these rights.