The National Commission on Indigenous Peoples (NCIP) is the primary government agency that formulates and implements policies, plans and programs for the recognition, promotion and protection of the rights and well-being of Indigenous Peoples (IPs) and the recognition of their ancestral domains and their rights thereto. (Chapter 7 Sec. 38 & 44a Republic Act No. 8371)
MANDATE
Indigenous Peoples Rights Act (IPRA) of 1997
The IPRA was signed into law on October 29, 1997 by then President Ramos. Hailed as a landmark legislation, the IPRA underwent many years of legislative study and deliberation before it became a law. It is the result of various consultations, consolidated bills related to ancestral domains and lands, and international agreements on the recognition of land/domain rights of the IPs.
In general, the IPRA seeks to recognize, promote and protect the rights of the IPs. These include the Right to Ancestral Domain and Lands; Right to Self-Governance and Empowerment; Social Justice and Human Rights; and the Right to Cultural Integrity.
The advent of the IPRA Law has overshadowed speculations and unfounded doubts that the tribal peoples and communities in the Philippines are abandoned or neglected and that they are only meant to exist outside the periphery of development, much less a part of the national life. Adversely, the IPs who are randomly distributed and have established new pockets of communities from Batanes to Basilan are making a new wave of cultural revolution that is zeroed in on the four-fold areas of their rights and welfare as stated earlier.
A heavy focus on empowerment and upland development by the GMA administration has made the IPs as major players and partners in national building with the government and international funding institutions promising to provide basic services on a need-driven basis. Locally available indigenous resources have been tapped as the IPs' counterpart to facilitate the implementation of key programs and projects while the local government units (LGUs) assisted by giving out corresponding resources.
Indigenous Peoples Rights
Republic Act No. 8371 otherwise known as the Indigenous Peoples Rights Act of 1997 is an act to recognize, protect and promote the rights of indigenous cultural communities/indigenous peoples, creating National Commission on Indigenous Peoples, establishing implementing mechanisms, appropriating funds therefor, and for other purposes.
It is an embodiment of the rights and aspirations of indigenous peoples which are as follows:
- Right to Ancestral Domains – The rights of ownership and possession of ICCs/IPs to their ancestral domains shall be recognized and protected.
- Right to Self-Governance and Empowerment - The state recognizes the inherent right of ICC/IPs to self-governance and self-determination and respects the integrity of their values, practices and institutions. Consequently, the state shall guarantee the right of ICCs/IPs to freely pursue their economic, social and cultural development.
- Social Justice and Human Rights - The state shall likewise ensure that the employment of any form or coercion against ICCs/IPs shall be dealt with by law.
- Cultural Integrity – the State shall respect, recognize and protect the right of ICCs/IPs to preserve and protect their culture, traditions and institutions. It shall consider these rights in the formulation and application of national plans and policies.
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