IN 1997, CONGRESS passed Republic Act 8371, known by its shorter title The Indigenous Peoples’ Rights Act of 1997 or IPRA.
It is an act to protect the indigenous people’s rights. Because of its length we have chosen what we believe is necessary for readers to understand current events regarding the plight of the lumads, the problems on mining and logging which cause deforestation, destruction of watersheds and despoliation of the soil water and earth within the ancestral lands of the lumads and breaks the balance of nature for the entire country and yes, the world, as we are all interconnected with each other.
Republic Act 8371 is an Act to recognize, protect and promote, the rights of indigenous cultural communities/ indigenous peoples, creating a national commission, on indigenous peoples, establishing implementing mechanism, appropriating funds thereof, and for other such purpose.
The pertinent provisions of Republic Act 8371 are as follows:
Chapter III, Section 7 – The Rights to Ancestral Domain. The rights of ownership and possession of ICCs/IPs to their ancestral domains shall be recognized and protected.
- a) Right of Ownership — The right to claim ownership overland, bodies of water traditional and actually occupied by ICCs/IPs, sacred places, traditionally hunting and fishing grounds, and all improvements made by them at any time within the domain.
- b) The Right to Develop Land and Natural Resources — Subject to Section 56 hereof, right to develop, control and use land and territories occupied, owned, or used; to manage and conserve natural resources within the territories and uphold the responsibilities for future generations; to benefit and share the profit from allocation and utilization of the natural resources therein; the right to negotiate the terms and conditions for the exploration of natural resources in the areas for the purpose of ensuring ecological, environmental protection and the conservation measures, pursuant to national and customary laws; the right to an informed and intelligent participation in the formulation and implementation of any project, government or private, that will affect or impact upon the ancestral domain and to receive just and fair compensation for any damages which they may sustain as a result of the project; and the right to effective measures by the government to prevent any interference with, alienation and encroachment upon these rights;
- c) The Right to Stay in the Territories — The right to stay in the territory and not to be removed therefrom. No ICCs/IPs will be relocated without their free and prior informed consent nor through any means other than eminent domain. Where relocation is considered necessary as an exceptional measure, such relocation shall take place only with the free and prior informed consent of the ICCs/IPs concerned and whenever possible, they shall be guaranteed the right to return to their ancestral domain, as soon as the grounds for relocation cease to exist. When such return is not possible as determined by an agreement or through appropriate procedures, ICCs/IPs shall be provided in all possible cases with land of quality and legal status at least equal to that of the land that were previously occupied by them, suitable to provide for their present need and future development. Persons thus relocated shall likewise be fully compensated for any resulting loss or injury;
- d) The Right in case of Displacement — In case displacement occurs as a result of natural catastrophes, the state shall endeavor to resettle the displaced ICCs/IPs in suitable areas where they can have temporary life support system: provided, that the displaced ICCs/IPs shall have the right to return to their abandoned lands until such time that the normalcy and safety of such lands shall be determined: provided, further, that should their ancestral domain cease to exist and normalcy and safety of the previous settlements are not possible, displaced ICCs/IPs shall enjoy security of tenure over lands to which they have been resettled; provided furthermore, that basic services and livelihood shall be provided to them to ensure that their needs are adequately addressed;
- e) The Right to Regulate Entry of Migrants — The right to regulate entry of migrant, settlers and organizations into the domain;
- f) Right to safe and clean air and water — For this purpose the ICCs/IPs shall have access to integrated systems for the management of their inland waters and air space;
- g) Right to Claim Parts of Reservations — The right to claim parts of the ancestral domains which have been reserved for various purposes, except those reserved and intended for common welfare and services;
- h) Right to Resolve Conflict — Right to resolve land conflicts in accordance with customary laws of the area where the land is located, and only in the fault thereof shall the complaints be submitted to amicable settlement and to the Courts of Justice whenever necessary. (To be continued/PN)
