The Indigenous People Right Act - Republic Act No. 8371 of 1997
Summary
TLDRThe 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
🌏 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.
🏞️ 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.
🏡 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.
🛡️ 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.
🌱 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.
Mindmap
Keywords
💡Indigenous
💡Lumad
💡Ancestral Domains
💡Cultural Integrity
💡Self-Governance
💡Colonization
💡Indigenous Peoples Rights Act (IPRA)
💡Biodiversity
💡Climate Change
💡Human Rights
💡Cultural Communities
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
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