Ancestral Domain Land Recognition

RA – 8371

Section 1 - Short title this act shall be known as The Indigenous people rights Act of 1997

Section 2 – Declaration of state polices the state shall recognize and promote all the right of
Indigenous peoples(ICC/IPS under hereunder enumerated within The framework of the
constitution The state shall recognize and promote The right of ICC/IPS within The framework
of national unity and development. The state shall protect The rights of ICC/IPS to their
ancestral domain to ensure Their economic social and cultural well being and shall recognize
The applicability of customary Luzon governing poverty rights or relation in determining. The
ownership and extent ancestral domain.
The state shall recognize respect and The rights of ICC/IPS to preserve and develop their culture,
tradition, and institutions it shall consider these rights in the formulation of national laws and
policies.
The state shall guarantee that member of the ICC/IPS regardless of sex shall equally enjoy the
full measure of human rights and freedom without distinction or discrimination. The state shall
take measure with the participation of the ICC/IPS concerned to protect their rights and
guarantee respect for their cultural integrity and to ensure that member of the ICCS/IPS benefits
on an equal footing from the rights and opportunity which national law and regulation grant to
other member of the population.

Culturally Appropriate Responsive and Gender-Sensitive Socio-Economic And Ecology

Development Protection Services

The program provides for policy support and extension of assistance to ICCs/IPs through
funding under the MOOE of the Commission apart from coordination with pertinent government
agencies especially charged with the implementation of various socio-economic services,
policies, and programs affecting the ICCs/IPs to ensure that the ICCs/IPs are directly benefited.

IP CULTURE SERVICES

Considered as a mechanism of assisting the cultural communities preserve their cultural and
historical heritage and at the same time evoking public awareness and respect for the IPs and
their rights, is the extension of support to them in the practice of their rituals and ceremonies
whenever these are necessary held. The performance of cultural manifestations as in rites, songs
dances chants, and games, and the presentation of their native life ways, literature and arts, fabric
and architectural designs, artifacts and instruments, in their original versions or in a manner in
which they have been held through the years, without romanticism or simply aesthetic
motivation, is essential to the IPs authentic flow of life and inherent world views at work.
Stereotyping, false representation and commercialization of indigenous cultures are current fads
that must be reckoned with and corrected. In here, time is of the essence
Assistance to Ancestral Domain Sustainable Development and Protection Plan
(ADSDPP) Formulation.

Pursuant to sub-paragraph (o), Sec. 44 of R.A. 8371, otherwise known as the Indigenous Peoples
Rights Act of 1997 and other related provisions, the following guidelines are hereby
promulgated:

ARTICLE I
PRELIMINARY PROVISIONS

Section 1. Constitutional and Legal Framework. The State shall recognize and promote all the
rights of indigenous cultural communities (ICCs) within the framework of national unity and
development and shall protect the rights of indigenous peoples to their ancestral domains to
ensure their economic, social and cultural well-being. The State shall likewise recognize the
inherent right of ICCs/IPs to self-governance and self-determination, and respect the integrity of
their values, practices and institutions as well as guarantee their right to freely pursue their
development and equally enjoy the full measure of human rights and freedoms without
distinction or discrimination.

Section 2. Policy Statement. The sustainable development and protection of the ancestral
domain by the ICCs/IPs themselves is the manifestation of their rights to self-governance and
self-determination. To guarantee the exercise, enforcement and realization of these rights, the
ICCs/IPs shall prepare their own ancestral domain sustainable development and protection plan
(ADSDPP) in accordance with their customary practices, laws and traditions.

Section 3. Objectives. These guidelines shall provide guidance in the formulation of the
ADSDPP as a tool for the empowerment of ICCs/IPs towards the fulfillment of the general well-
being of the current ICC/IP generation without compromising the needs of future generations.
The ADSDPP shall, among others: (a) ensure the compliance of ICCs/IPs to their responsibilities
to maintain ecological balance, restore denuded areas as well as to observe the requirements of
the IPRA; (b) facilitate the conduct of the FPIC process; and (c) provide a checklist of prioritized
development programs/projects as ready reference for collaborative efforts with development
partners and/or grant of assistance to ICCs/IPs in an ancestral domain.

Section 4. Approaches. The ICCs/IPs' view on development puts emphasis on the inter-
generational responsibility of the present generation to comprehensively and sustainably manage
their ancestral domain and all resources found therein so that future generations may enjoy
them. The realization hereof requires appropriate development standards and culturally sensitive
approaches, thus:

a. Rights-Based Approach to Development. The ADSDPP is a framework for the

process of human development that is normatively based on, and operationally
 directed to, the recognition, promotion and protection of fundamental human rights
which are inherent rights of a person as a human being, and rights as indigenous
peoples.

b. Holistic/Comprehensive and Integrated. The ADSDPP shall be an instrument

through which the ICCs/IPs' rights to ancestral domains/ lands,
self-governance/empowerment, social justice/human rights and cultural integrity as
provided in the Indigenous Peoples' Rights Act are recognized, promoted and
respected. It shall likewise be used to protect the holistic and integrated adherence of
a particular ICC/IP community to their customs, religious beliefs, traditions and
indigenous knowledge systems and practices as they assert their character and identity
as peoples. The sustainable development and protection of ancestral domains shall be
all-inclusive.

c. Community/or People Driven. The process and steps in the preparation of the
ADSDPP shall ensure that the ICCs/IPs shall take major leadership roles and full
participation in the determination of their own development needs and priorities and
subsequently how these needs and priorities shall be met as they formulate, implement
and evaluate their ADSDPPs.

d. Freedom of Initiative and Self-reliance or Non-Intervention. Economic

opportunities created by the state shall be extended to the ICCs/IPs on the basis of
freedom of initiative and self-reliance. The ICCs/IPs shall freely pursue their
economic, social and cultural development of their own choice and at their own pace
in a manner determined by themselves towards national unity and development. The
option of the ICCs/IPs to adopt a sustainable development and protection plan shall be
respected under the principle of free pursuit of development as a people.

e. Culture Sensitive. The ADSDPP shall be culturally appropriate and responsive with
the customs, traditions, values, beliefs, interests and institutions of ICCs/IPs. The
ADSDPP shall be used as a tool to preserve and protect such culture, traditions and
institutions.

f. Gender-Responsive. The ADSDPP shall likewise be gender-sensitive where gender

issues are clearly articulated in the situation analysis and appropriate interventions and
indicators of change are incorporated to address those issues.

g. Consultative. The ADSDPP preparation shall be consultative. Consultations shall go

beyond ICCs/IPs to account for other stakeholders or entities that may be affected in
any way by planned interventions within the ancestral domain such as the ICCs and
non-ICCs in areas adjacent to the ancestral domain, and development agents of
government (local and national).

h. Iterative and Strategic. The iterative planning process shall allow for strategic
changes in ADSDPP requirements and technologies for AD development change over
time. A strategic planning approach capitalizes on indigenous resources that abound
and focuses on critical development issues within the ancestral domain.