The Indigenous People Right Act - Republic Act No. 8371 of 1997

Summary

The video script discusses the rich cultural tapestry of the 18 indigenous Lumad groups in the Philippines, highlighting their distinct languages, beliefs, and traditions. It underscores the importance of respect and unity among diverse communities, emphasizing the role of indigenous peoples in environmental conservation and cultural preservation. The script also touches on the Indigenous Peoples Rights Act of 1997, which aims to protect and promote the rights of indigenous communities, and raises concerns about the challenges they face in accessing justice and protection.

Takeaways

• 🌏 There are 18 indigenous cultural communities in the Philippines, referred to as 'Lumad' in the southern part of the country, each with distinct beliefs, languages, and cultures.
• 🤝 The importance of respect among different groups is emphasized, suggesting that everyone should act as a catalyst for change to promote respect and help those in need.
• 🏞 Indigenous peoples, also known by various terms such as 'first peoples' or 'native peoples,' are culturally distinct groups descended from the earliest inhabitants of a geographic region.
• 🌱 Indigenous societies are found in every inhabited climate zone and continent except Antarctica, with approximately 5,000 indigenous nations worldwide.
• 🏡 Indigenous peoples have a deep connection with their territories and resources, which is vital to their identity and existence, often living in areas that are green and biodiverse.
• 🏞️ The Philippines is home to numerous indigenous groups, including highland Austronesians and lowland indigenous groups, who have retained their customs and traditions due to geographical isolation and cultural practices.
• 🌾 The Banavi Rice Terraces, constructed by indigenous Ifugao tribes, are a testament to the agricultural skills of indigenous peoples and are sometimes called the 'Eighth Wonder of the World'.
• 📜 Republic Act No. 8371, also known as the Indigenous People's Rights Act of 1997, was established to recognize, protect, and promote the rights of indigenous cultural communities and peoples.
• 🏛️ The National Commission on Indigenous Peoples (NCIP) was created to assist indigenous communities, review their conditions, implement policies, and issue Certificates of Ancestral Domain Title.
• ⚖️ Despite legal protections, indigenous peoples in the Philippines face significant challenges in accessing justice and protection, with institutions often weak or dysfunctional.
• 🌐 The International Day of the World's Indigenous Peoples is commemorated to raise awareness of their rights, contributions to environmental conservation, and the need for a new social contract that includes them.

Q & A

What does the term 'Lumad' refer to in the context of the Philippines?

In the context of the Philippines, 'Lumad' is a Cebuano term that means 'native' or 'indigenous' and is used to refer to the indigenous people living in the southern part of the country.

How many indigenous cultural communities are recognized in the Philippines?

There are 135 recognized local indigenous Austronesian languages in the Philippines, indicating a rich diversity of indigenous cultural communities.

What is the significance of the Banaue Rice Terraces in relation to indigenous people?

The Banaue Rice Terraces are significant because they were constructed by indigenous tribes, including the Ifugao people, and are considered the 'Eighth Wonder of the World.' They showcase the ingenuity and cultural heritage of indigenous farming practices.

What is the purpose of the Indigenous Peoples Rights Act (IPRA) of 1997 in the Philippines?

The Indigenous Peoples Rights Act (IPRA) of 1997 aims to recognize, protect, and promote the rights of indigenous cultural communities and peoples, ensuring their cultural traditions and institutions are preserved and their rights are equally protected and non-discrimination is enforced.

What are ancestral domains as defined by the IPRA of 1997?

Ancestral domains, as defined by the IPRA of 1997, include land, inland waters, coastal areas, and natural resources that are occupied or possessed by indigenous cultural communities or indigenous peoples, either communally or individually since time immemorial.

What rights do indigenous cultural communities and indigenous peoples have over their ancestral domains according to the IPRA?

Indigenous cultural communities and indigenous peoples have rights to ownership, development, control, and use of land and natural resources within their ancestral domains, as well as the right to stay, resist displacement, regulate entry, and resolve conflicts according to customary law.

What is the role of the National Commission on Indigenous Peoples (NCIP) as established by the IPRA?

The National Commission on Indigenous Peoples (NCIP) serves as the primary government agency to assist indigenous cultural communities and peoples. It is responsible for reviewing and assessing their conditions, coordinating and implementing policies and programs, issuing certificates of ancestral domain titles, and managing financial resources for the communities.

How does the IPRA address the issue of access to justice for indigenous peoples?

The IPRA provides mechanisms for the recognition and protection of indigenous peoples' rights, which includes provisions for access to justice. It establishes processes for the delineation and recognition of ancestral domains and procedures for the enforcement of rights, ensuring that indigenous peoples have legal recourse.

What challenges do indigenous peoples face in accessing justice in the Philippines according to the ASEAN Legal Resource Centre?

Indigenous peoples in the Philippines face significant challenges in accessing justice due to weak or dysfunctional institutions, lack of protection by the state, and the targeting of human rights defenders who support indigenous peoples' rights.

Why is it important for the state to recognize and promote the rights of indigenous cultures?

Recognizing and promoting the rights of indigenous cultures is important because it ensures the self-governance, self-determination, and cultural integrity of these communities. It also contributes to their well-being and the greater good of the world, including tackling climate change and preserving biodiversity.

Outlines

00:00

🌏 Understanding Indigenous Peoples of the Philippines

This paragraph introduces the Lumad, an indigenous group in the southern Philippines, emphasizing the importance of respect and unity among diverse cultures. It discusses the broader concept of indigenous peoples, including their cultural distinctiveness and historical continuity with the earliest inhabitants of a region. The paragraph also touches on the global presence of indigenous societies and their connection to the environment, highlighting the unique position of the Lumad and other indigenous groups in the Philippines who have retained their customs and traditions despite colonization.

05:00

🏞️ The Banavi Rice Terraces and Indigenous Cultural Heritage

The second paragraph delves into the cultural and historical significance of the Banavi Rice Terraces, a testament to the ingenuity of the Ifugao people, an indigenous group in the Philippines. It discusses the indigenous people's rights act of 1997, which aims to protect and promote the rights of indigenous cultural communities and peoples, including their rights to ancestral domains and self-governance. The act also establishes the National Commission on Indigenous Peoples (NCIP) to oversee the implementation of these rights and to ensure the preservation of indigenous cultures and traditions.

10:00

🏡 Ancestral Domains and Indigenous Rights

This paragraph focuses on the concept of ancestral domains as defined by the Indigenous Peoples Rights Act (IPRA) of 1997 in the Philippines. It outlines the rights of indigenous cultural communities (ICCs) and indigenous peoples (IPs) to their ancestral lands, including ownership, development, and control over natural resources. The paragraph also discusses the establishment of the NCIP and its role in issuing certificates of ancestral domain titles, as well as the mechanisms for ensuring the protection of these rights and the development of ancestral domains.

15:01

🛡️ Challenges in Indigenous Peoples' Access to Justice

The fourth paragraph addresses the challenges faced by indigenous peoples in accessing justice, particularly in the Philippines. It highlights the东盟法律资源中心 (ASEAN Legal Resource Centre)'s concerns about the lack of effective protection and justice mechanisms for indigenous peoples, despite the existence of legislation like the Indigenous Peoples Rights Act. The paragraph also discusses specific cases of human rights defenders and indigenous activists who have faced violence and intimidation, emphasizing the need for stronger institutions and protection mechanisms to ensure justice and the rights of indigenous communities.

20:04

🌱 Indigenous Peoples and Global Environmental Stewardship

The final paragraph discusses the importance of recognizing and promoting the rights of indigenous peoples, particularly in the context of global environmental challenges such as climate change and biodiversity loss. It references the International Day of the World's Indigenous Peoples, which aims to raise awareness of the contributions of indigenous communities to environmental conservation and to call for a new social contract that includes genuine participation and partnership with indigenous peoples. The paragraph emphasizes the need for societies to treat indigenous communities as stakeholders and to respect their rights, dignity, and freedoms.

Keywords

💡Indigenous

Indigenous refers to the original inhabitants of a geographic region, who are culturally distinct from other populations that may have migrated or colonized the area later. In the video, the term is used to describe the Lumad and other groups in the Philippines who have retained their customs and traditions despite centuries of colonization. The video emphasizes the importance of respecting and promoting the rights of these indigenous peoples.

💡Lumad

Lumad is a term used in the southern Philippines to refer to the native or indigenous people. The video highlights the Lumad as an example of indigenous groups that have maintained their traditional lifestyles and cultures. It underscores the need for respect and understanding towards the Lumad's way of life and their contributions to the community.

💡Ancestral Domains

Ancestral domains are lands traditionally owned, occupied, or used by indigenous peoples. The video discusses the legal recognition and protection of ancestral domains for indigenous communities in the Philippines, emphasizing the importance of these lands for their cultural identity and survival. The script mentions the Indigenous Peoples Rights Act (IPRA) of 1997, which provides for the recognition of these domains.

💡Cultural Integrity

Cultural integrity refers to the preservation of the cultural practices, beliefs, and values of a community. The video stresses the significance of maintaining the cultural integrity of indigenous peoples, such as the Lumad, and ensuring that their traditions are respected and not eroded by external influences.

💡Self-Governance

Self-governance is the ability of a community to manage its own affairs and make decisions about its future. The video advocates for the rights of indigenous peoples to self-governance, as part of their broader rights to self-determination. It is mentioned in the context of the IPRA law, which aims to empower indigenous communities.

💡Colonization

Colonization refers to the establishment of control over a region by a foreign power, often leading to the suppression of the indigenous population's culture and rights. The video discusses how the Lumad and other highland groups in the Philippines were not absorbed by Spanish and American colonization, allowing them to retain their customs and traditions.

💡Indigenous Peoples Rights Act (IPRA)

The Indigenous Peoples Rights Act of 1997 is a Philippine law that aims to recognize, protect, and promote the rights of indigenous cultural communities and indigenous peoples. The video uses this act as an example of legislative efforts to safeguard the rights of indigenous groups, including their rights to ancestral domains and self-governance.

💡Biodiversity

Biodiversity refers to the variety of life in a given ecosystem or on Earth as a whole. The video connects indigenous peoples to the preservation of biodiversity, suggesting that their traditional lifestyles and knowledge contribute to the health of ecosystems and the planet.

💡Climate Change

Climate change is a long-term shift in global or regional climate patterns. The video implies that indigenous peoples, through their connection to the land and traditional practices, play a crucial role in combating climate change and maintaining the health of the environment.

💡Human Rights

Human rights are the fundamental rights to which all individuals are entitled. The video discusses the human rights of indigenous peoples, including their rights to land, culture, and self-determination. It also touches on the challenges they face in accessing justice and the need for stronger protection mechanisms.

💡Cultural Communities

Cultural communities refer to groups of people who share a common cultural heritage, including language, traditions, and beliefs. The video emphasizes the importance of recognizing and protecting the cultural communities of indigenous peoples, as part of preserving their identity and way of life.

Highlights

There are 18 indigenous cultural groups in the Philippines, referred to as Lumad in the southern region.

The term 'Lumad' encompasses a diverse range of beliefs, languages, and cultures.

The importance of respect among different indigenous groups is emphasized.

Indigenous peoples are also known as first peoples, nations, aboriginal peoples, and more.

Indigenous peoples are culturally distinct and directly descended from the earliest known inhabitants of a region.

Indigenous societies are found in every inhabited climate zone and continent except Antarctica.

The Philippines is home to numerous indigenous groups, including highland and lowland communities.

Indigenous peoples have a deep connection with their territories and resources, which is vital to their identity.

The Banavi Rice Terraces are a testament to the ingenuity of indigenous farmers.

The Indigenous People Rights Act of 1997 was established to protect and promote indigenous rights.

The Act provides for the promotion and recognition of the rights of indigenous cultural communities.

Ancestral domains are defined as lands traditionally owned or possessed by indigenous peoples.

The National Commission on Indigenous Peoples (NCIP) was established to assist indigenous communities.

The Act ensures the rights of indigenous peoples to their ancestral domains, including the right to develop and control land and resources.

Indigenous peoples' collective rights to land contribute to global well-being by tackling climate change and biodiversity loss.

The International Day of the World's Indigenous Peoples is commemorated to raise awareness and promote their rights.

Indigenous communities are encouraged to participate in decision-making processes.

UN calls for a new social contract that includes indigenous communities as stakeholders.

Transcripts

um

[Music]

[Music]

there are 18 indigenous technique groups

living in the philippines they are

called lumad in the southern philippines

a cebuano term meaning native or

indigenous a short for katawa

different beliefs language and culture

but we only need one respect respect to

one another we should all be catalysts

of change in promoting respect among

others

and start to help those who are in need

for the betterment of our community

[Applause]

[Laughter]

[Applause]

[Music]

oh

[Applause]

[Applause]

indigenous peoples indigenous peoples

also referred to as first peoples first

nations aboriginal peoples native

peoples indigenous natives endemic

populations or atoptonous peoples these

terms

are often capitalized when repairing to

specific indigenous peoples as ethnic

groups nations and the members of these

groups

are culturally distinct ethnic groups

who are directly descended from the

earliest known inhabitants of a

particular geographic region and who to

some extent maintain the language and

culture

of those original peoples

[Music]

peoples are usually described as

indigenous when they maintain

traditional or other aspects of an early

culture that is associated with the

first inhabitants of a given region

not all indigenous peoples share this

characteristic as ha mainly have adapted

substantial elements of a colonizing

culture such as dress religion or

language indigenous people may be

settled in a given region sedentary

exhibit a pneumatic lifestyle across a

large territory or resettled but they

are

generally historically associated with a

specific territory on which they depend

indigenous societies are found in every

inhabited climate zone and continent of

a world expect antarctica

they are approximately five thousand

indigenous nations throughout the world

indigenous people

[Music]

thousands of indigenous nations

throughout the world are currently

living in countries where they are not a

majority ethnic group

indigenous people have deep spiritual

cultural social and dynamic

size with their life territories

and resources this is vital

to their identity and existence

when you look around the world today and

you look at the areas which are green

those green are the areas where

indigenous people live

said by miss roy henriksen

the philippines consists of numerous

aflan and lowland indigenous

technologists strict groups living in

the country

with astronations making up the

overwhelming majority while full or

partial negritus carried throughout the

archipelago the highland astronesias and

the grito pop quake 16 with their

lowdown astonishing can and neighbor

groups for thousands of years

in the philippines archipelago the

primary difference is that they were not

absorbed

by centuries of spanish and united

states colonization of the philippines

and in the process have retained their

customs

and tradition this is mainly due to the

innocibility of the mountain and

established

head hunting and warrior cultures

which discourage spanish and american

colonizer from coming into contact with

the highlander

nature is a part in the internet of

clarity the term

is used in the philippines

to acknowledge groups or subgroups that

maintain its own partial installation or

independence throughout the colonial

area the term indigenous when applied

culturally indigenous people of northern

philippine highlands can be grouped into

the igor

comprising many different groups and

singular vocal groups while the

non-muslim culturally indigenous groups

of mainland mindanao are collectively

called lumad

australian asian groups throughout the

archipelago are termed

[Music]

among others

numerous cultural indigenous groups also

live outside these two indigenous

corridors

according to the commission somewhere

filipino there are 135 recognized local

indigenous austronesian languages in

philippines of which one tagalog is

binocular in each of the following

remaining 134 is vernacular citation

either there are one title for ethics

groups in the philippines the majority

of which are indigenous true much of the

overall philippines population is

constituted by only eight to ten lowland

ethics group

[Applause]

welcome to banavi rice terraces

did you know that eagle tribes a group

that includes

[Music]

were all farmers who constructed the

rise test for many centuries

the banavia rice terraces

are terraces that were carved

into the mountains of manawi

kugau

in the philippines are the ancestors of

the europe people

the terraces are occasionally called the

eighth wonder of the world

it is though that the verses were built

with minimal equipment

largely by hand

[Music]

this is the beauty pool of

pew

is

[Music]

this

[Music]

[Music]

indigenous people rights act 1997

republic act number 8371 of 1997

an act to recognize protect and promote

the rights of indigenous cultural

communities indigenous peoples creating

a national commission on indigenous

peoples establishing implementing

mechanisms appropriating funds therefore

and for other purposes the act makes

provision for the promotion and

recognition of the rights of indigenous

cultural communities

indigenous peoples iccs

ips

with a view to preserve their cultural

traditions and institutions

and to ensure the equal protection and

non-discrimination of member

the act is divided into the following

chapter

the act is divided into the following

chapters

general probations definition of terms

rights to ancestral domains right to

self-governance and empowerment

social justice

and human rights cultural integrity

national commission on indigenous

peoples or ncip

delineation and recognition of ancestral

domains

jurisdiction and procedures for

enspurcement of rights

ancestral domain span penalties merger

of the office

for northern cultural communities or

oncc

and the office of southern cultural

communities or

oscc

final provisions

to the definition provided in chapter 2

the term ancestral domain comprises land

inland waters

coastal areas and natural resources

they're in held under a claim of

ownership occupied or possessed by isis

or ipis by themselves or through their

ancestors

communally or individually since time

immemorial

the other manchester land means any land

occupied possessed

and utilized by individuals families and

plants who are members of the icc's or

ieps

isis or isis whose

ancestral domains have been officially

delineated

and determined according to the

procedure

set out

in this act shall be issued a

certificate of ancestral domain title

rcadt

in the name of the community concerned

which shall be registered

before the register of this

the rights of ownership and possession

of

iccs ips to their ancestral domains

shall include

the right of ownership

the right to develop control in use land

and natural resources

the right to stay in the territories and

that to be removed they're from

the right of resistance in suitable site

in case of displacement

the right to regulate the entry of

emigrant

the right to safe and clean air and

water

the right to claim parts of

reservation the right to resolve that

conflict

and accordance with

customary law of the area concerned

only in difficult there of the

complaints shall be submitted

to amicable settlement and to the court

of justice the act makes provision for

establishment of national commission on

indigenous cultural communities

indigenous people and cip which shall

serve as the primary government agency

for assistance of

icts ips the commission sold

a

review and assess the condition of iccs

ips b

humulate coordinate and implement

policies plans and programs to promote

and protect the rights and well-being

of the iccs ipsc request and engage

service of technical assistance the

issue certificate of ancestral and

domain title e negotiate for funds and

generally be responsible for financial

management and coordination of the

communities

f issue appropriate certification as

pre-conditioned

to the grant of permit yes one of any

other similar authority for disposition

utilization

management and appropriation by adding

private individual etc on any part of

portion of the uncentral domain

g

result of the appeals from decision the

acts of the values offices

[Music]

within the commission edge

to

duplicate the necessary regulation

and use the implementation for the

creation of the domain

to cover

compensation for extra faith urinated

and

the lime

patient

and

development of ancestral domains

[Music]

ownership private division and

development

there is growing

advancing indigenous people's collective

rights to the land

territories and resources does not only

contribute to their well-being but also

to the

greater goods of the world by tackling

problems such as climate change and loss

of biodiversity its indigenous rights

act of 1997 ipra law successful in

protecting the country

the country's

1987 constitution in indigenous people

rights of ipra of 1997

contain no effective or adequate process

with regard to providing indigenous

people with the required protection with

criminal justice processes the asean

legal resource centery or alrc

welcomes the range of reports concerning

the human rights of indigenous people

during the upcoming winter session of

the human rights council

being

healed from september 10 to 28 22

2012

in view of the discussions on indigenous

people and access to justice to be

healed by the council of september 18

the organization wishes to highlight

some specific issues of concern relating

to such access to justice in the

philippines in particular

the alrc wishes to inform the upcoming

debate be providing complete challenges

that is has documented which mirror many

other challenges to access to justice

for indigenous peoples witness across

the asian region

it is important to note that despite

existing legislation the right of

indigenous people are rootingly being

ignored

this is only made possible by the lack

of defective institutions to receive

complaints

investigate allegations of violations of

right and provider medicine

in the philippines such institutions are

either weak or disfunctional to the

point that members of the country's

population in general rarely enjoy

effective access to justice let alone

indigenous people who face even greater

obstacles in the regard

the alrc therefore hopes that such

fundamental questions concerning the

wider institutional failing will be

included in the discussion relating to

indigenous people access to justice the

alrc has documented cases states how a

lack of access to protection

by the state and access to justice

delivery mechanisms places with victims

at risk enables violations to take place

and participates in

shielding

the perpetrators additionally it should

be noted that human rights defenders who

support and campaign for protection in

paper of indigenous people

are also being targeted and are not

being afforded adequate protection by

the state

in the case of francisco canadium a

mining activist

[Music]

in may 1 2012

even after his killing his colleges

ninita la casa and caroline borha were

also treated and attacked on may 6 2012

at 4 pm armed men

piled the house of la casa

also in salcedo in eastern summer

it is that lakasa's mother dies of shaft

in relation to the attack on may 23 2012

at 11 pm

armed men men also shot at the house

before

due to a lack of protection gorham and

her family were forced into hiding such

attacks against those who work to assist

indigenous persons in assessing justice

and remedies greatly

undermine indigenous people's efforts in

this regard

what do you think is the reason why

republic act

[Music]

a371 is passed

indigenous people write up 1997 republic

ask number

8371 of 1997 and up to recognize protect

and promote the rights of indigenous

cultural communities

indigenous peoples creating a normal

commission on

indigenous peoples establishing

implementing mechanisms appropriating

funds

therefore and for other purposes why is

it important that the state shall

recognize or promote all the rights of

indigenous cultures

the state recognizes the inherent right

of icts

ips to self-governance and

self-determination and respect the

integrity of their values practices and

institutions

consequently the state shall

guarantee the rights of icts ips to

freely

pursue their

economic social and cultural development

significance of international day of the

world's indigenous people the

international day of the world

indigenous peoples was marked up

for the first time by u.n general

assembly in december 1994

to commemorate the first meeting of the

u.n working group on indigenous

population of the sub commission on the

promotion and protection of human rights

it created indigenous communities for

fighting climate change and helping

biodiversity flourish and ask nations to

formulate a new social contract

which must be based on genuine

participation and partnership

that

fosters equals opportunities and

respects the rights

dignity and freedoms of all indigenous

people's rights

to participate in decision making is a

key component in achieving

achieving reconciliation between

indigenous peoples and states un has

decided on the dam of leaving no one

behind indigenous peoples and the call

for a new social contract for this year

international day of the world

indigenous peoples defining social

contract as an unwritten agreement that

scientists make to cooperate for social

and economic benefits

the un-6 to encourage societies to treat

indigenous communities as stakeholders

since they were not included in the

initial societies contract which was

formulated by dominate communities

i