National commission on indigen.

1. CHAPTER EIGHT
The National Commission on Indigenous Peoples

2. 8.3 The National Commission on Indigenous Peoples (NCIP)
The Republic Act No. 8371: The Legal Basis
Republic Act No. 8371, known as the Indigenous Peoples'
Rights Act (IPRA) of 1997, represents a landmark piece of
legislation in the Philippines aimed at recognizing,
protecting, and promoting the rights of Indigenous Cultural
Communities/Indigenous Peoples (ICCs/IPs). This act
established the National Commission on Indigenous
Peoples (NCIP) as the primary government agency
responsible for implementing and enforcing the provisions
of the law.

3. RA 8371, CHAPTER VII: NCIP
Chapter VII of Republic Act No. 8371 establishes the National
Commission on Indigenous Peoples (NCIP). This chapter outlines the
structure, functions, and mandates of the NCIP, which is pivotal in
safeguarding the rights and promoting the welfare of Indigenous
Cultural Communities/Indigenous Peoples (ICCs/IPs) in the
Philippines.
Section 38: Creation of the NCIP
The NCIP was created as the primary government agency
responsible for formulating and implementing policies, plans, and
programs aimed at promoting and protecting the rights of ICCs/IPs.
It emphasizes the recognition of ancestral domains and the
associated rights, underscoring the Commission's role in addressing
historical injustices and ensuring the inclusion of Indigenous peoples
in national development.

4. Section 39: Mandate
The mandate of the NCIP is to protect and promote the interests and
well-being of ICCs/IPs, with respect for their beliefs, customs,
traditions, and institutions. This entails a broad scope of activities,
from cultural preservation to socio-economic development, aligning
with the holistic approach of the IPRA.
Section 40: Composition
The NCIP is an independent body under the Office of the President,
comprising seven commissioners, all of whom are members of
ICCs/IPs. The composition ensures regional representation across
the Philippines and includes at least two women, reflecting the
diverse cultural and geographical landscape of the country.
Commissioners are appointed by the President from
recommendations provided by authentic ICCs/IPs.

5. Sections 41-43: Qualifications, Tenure, Compensation, and
Removal
Commissioners must be natural-born Filipino citizens, bona
fide members of ICCs/IPs, and experienced in ethnic
affairs. They must have worked with ICCs/IPs or relevant
government agencies for at least ten years. This ensures
that the NCIP’s leadership is well-versed in Indigenous
issues. Commissioners serve three-year terms, renewable
once, and can be removed by the President for cause,
ensuring accountability and integrity.

6. Section 44: Powers and Functions
The NCIP's powers and functions are extensive, including:
Assistance and Advocacy: Serving as the primary agency through
which ICCs/IPs can seek government assistance.
Policy Review and Development: Reviewing and proposing laws and
policies affecting ICCs/IPs.
Program Implementation: Formulating and monitoring economic,
social, and cultural development programs.
Expert Engagement: Utilizing services of experts to achieve its
objectives.
Land Title Issuance: Issuing certificates of ancestral land/domain titles.
Contracts and Funding: Entering contracts and accepting grants for
ICCs/IPs' benefit.
Coordination and Monitoring: Overseeing development programs for
ICCs/IPs.
Legislative and Advisory Roles: Advising the President and submitting
reports to Congress.
International Representation: Representing Philippine ICCs/IPs in

7. Section 45: Accessibility and Transparency
The NCIP must ensure that all official records and
research data are accessible to the public,
promoting transparency in its operations and
decision-making processes.

8. Sections 46-49: Organizational Structure
The NCIP comprises several offices, each tasked with specific
functions:
Ancestral Domains Office: Manages the identification, delineation,
and recognition of ancestral lands and domains.
Office on Policy, Planning and Research: Develops policies and
programs, documents customary law, and maintains a research center.
Office of Education, Culture, and Health: Implements educational and
cultural programs, administers scholarships, and promotes public
health initiatives.
Office on Socio-Economic Services and Special Concerns: Coordinates
socio-economic services and ensures their proper implementation.
Office of Empowerment and Human Rights: Promotes and protects
the socio-political, cultural, and economic rights of ICCs/IPs.
Administrative Office: Manages personnel, finance, records, and other
administrative functions.

9. Section 50: Consultative Body
A consultative body of traditional leaders, elders, and
representatives from women and youth sectors advises the NCIP on
matters concerning the aspirations and interests of ICCs/IPs. This
ensures that the Commission’s actions are informed by the lived
experiences and perspectives of Indigenous Communities.
Fourteen Major Thematic Concerns
1. Formal Recognition of Ancestral Domains
The formal recognition of ancestral domains is a critical issue as it
legally acknowledges the rights of ICCs/IPs to their traditional lands.
This recognition is pivotal for ensuring the preservation of cultural
heritage and identity. The NCIP’s efforts in this regard often face
bureaucratic delays and political resistance, often hinder the
process.

10. 2. Control and Management of Ancestral Domains
Effective control and management of ancestral domains by ICCs/IPs
are essential for sustainable development and cultural preservation.
The NCIP is tasked with supporting Indigenous governance systems
and helping communities draft Ancestral Domain Sustainable
Development and Protection Plans (ADSDPPs). However, external
pressures such as mining and logging interests frequently challenge
this autonomy.
3. NCIP’s Capacity to Deliver its Mandate
The NCIP’s capacity to deliver its mandate is often questioned due to
bureaucratic inefficiencies, inadequate funding, and limited
resources. Strengthening the Commission’s institutional capacity is
necessary to effectively protect Indigenous rights and implement
development programs.

11. 4. Destruction of Ecosystems within Ancestral Domains
Environmental degradation within ancestral domains due to illegal
logging, mining, and other extractive activities poses a significant
threat to the livelihoods and cultures of ICCs/IPs. The NCIP and other
relevant agencies strive to enforce stricter policies and promote
sustainable practices to protect these ecosystems.
5. Non-Compliance with Free, Prior, and Informed Consent (FPIC)
The principle of FPIC requires the free and informed consent of
ICCs/IPs before projects are implemented on their lands. However,
feedback and reports indicate frequent violations of this principle.
This non-compliance undermines Indigenous rights and leads to
conflicts.

12. 6. Loss of Indigenous Culture
The erosion of Indigenous cultures and traditions is a growing concern.
Factors such as modernization, migration, and lack of cultural education
contribute to this loss. The NCIP and cultural institutions must enhance
efforts to document, preserve, and promote Indigenous knowledge,
languages, and practices.
7. Weak IP Governance
Indigenous governance structures often lack the necessary support and
recognition to effectively manage their communities. Strengthening
these governance systems through capacity-building initiatives and legal
recognition is crucial for empowering ICCs/IPs.
8. Impact of Government Services Not Felt
The benefits of government services and development programs are
frequently not felt by ICCs/IPs due to inadequate implementation and
outreach. Ensuring that these services reach remote and marginalized
Indigenous communities requires targeted and inclusive policies.

13. 9. Overlapping Claims over Ancestral Domains
Overlapping land claims between ICCs/IPs and other entities (e.g.,
private corporations, government agencies) create conflicts and
undermine Indigenous land rights. Clear delineation and recognition of
ancestral domains, coupled with conflict resolution mechanisms, are
necessary to address this issue.
10. Non-Recognition of IP Leaders by Agencies
The non-recognition of Indigenous leaders by various government
agencies weakens the representation and advocacy of ICCs/IPs. Ensuring
that Indigenous leadership is respected and included in decision-making
processes is vital for effective governance and empowerment.
11. Displacement of IPs from their Ancestral Domains
Forced displacement due to development projects, armed conflicts, and
environmental degradation disrupts the lives and cultures of ICCs/IPs.
Protecting ancestral lands and ensuring the right to return for displaced
communities are essential for maintaining Indigenous integrity and

14. 12. Lack of Awareness of Rights
Many ICCs/IPs are unaware of their rights under IPRA and other relevant
laws. Education and awareness campaigns are critical for empowering
Indigenous communities to assert and protect their rights.
13. Discrimination of IPs
Discrimination against ICCs/IPs remains pervasive, affecting their access
to education, employment, and social services. Anti-discrimination laws
and policies, along with public awareness initiatives, are needed to
combat prejudice and promote equality.
14. Peace and Security
ICCs/IPs often reside in conflict-prone areas, facing threats from
insurgent groups, military operations, and criminal organizations.
Promoting peacebuilding efforts, establishing dialogue, and ensuring
the protection of Indigenous communities are essential for their safety
and well-being

15. 8.4 Programs
The National Commission on Indigenous Peoples (NCIP) in the
Philippines implements several programs aimed at recognizing and
supporting the rights of Indigenous Cultural Communities/Indigenous
Peoples (ICCs/IPs). Here's a simplified and academic discussion focusing
on key NCIP programs related to ancestral domain and land recognition:
1. Certificate of Ancestral Domain Titles (CADTs) and Certificate of
Ancestral Land Titles (CALTs)
Under the Indigenous Peoples Rights Act (IPRA), CADTs and CALTs are
issued to formally recognize the rights of ICCs/IPs over their ancestral
domains and lands, respectively. These titles establish legal ownership
and possession, protecting ICCs/IPs from encroachment and ensuring
their cultural heritage and livelihoods are safeguarded.

16. 2. Assistance to Ancestral Domain Sustainable Development and
Protection Plan (ADSDPP) Formulation:
The ADSDPP supports ICCs/IPs in developing comprehensive plans for
sustainable development and protection of their ancestral domains.
These plans encompass various aspects such as environmental
conservation, livelihood development, infrastructure, and resource
management.
3. Culturally Appropriate Responsive and Gender-Sensitive Socio-
Economic and Ecology Development Protection Services:
This program focuses on policy support and financial assistance to
ICCs/IPs, ensuring they benefit directly from socio-economic services. It
coordinates with relevant government agencies to address the specific
needs of ICCs/IPs in areas such as health, education, infrastructure, and
economic development.

17. 4. IP Education and Advocacy Services:
NCIP's educational programs include Merit-Based Scholarships and
Educational Assistance to support qualified ICCs/IPs students. The
advocacy component promotes culturally appropriate education
initiatives and ensures broader access to educational resources for
Indigenous youth.
5. IP Culture Services:
This program aims to preserve and promote Indigenous cultures by
supporting cultural practices, rituals, and traditions. It emphasizes the
importance of authentic representation and protection against
commercial exploitation or misrepresentation of Indigenous cultural
heritage.
6. IP Health Services:
NCIP collaborates with health agencies to ensure access to healthcare
for ICCs/IPs. It supports initiatives to apply the Universal Health Care
framework to address health disparities and promote traditional

18. 7. Good Governance and Rights-Based Services:
This sub-program focuses on strengthening Indigenous
governance structures and promoting self-determination
among ICCs/IPs. It ensures that Indigenous systems are
integrated with national governance frameworks, enhancing
representation and participation in decision-making
processes.
8. IP Rights Advocacy and Monitoring of Treaty Obligations:
NCIP advocates for the rights of ICCs/IPs at a national and
international level. It monitors compliance with IPRA and
international human rights standards, fostering partnerships
with various stakeholders to protect and promote Indigenous
rights effectively.

19. 9. Legal Services:
NCIP provides legal assistance through Indigenous Peoples
Legal Assistance (IPLA), paralegal training, and documentation
of customary laws. These services aim to protect ICCs/IPs’
rights, resolve disputes, and ensure that customary laws are
recognized and applied in legal proceedings.

20. 1. Indigenous Peoples Legal Assistance (IPLA)
To protect the rights of Indigenous Cultural Communities/Indigenous
Peoples (ICCs/IPs) by providing legal representation, advisory services,
and investigating complaints related to their rights, land disputes, and
other legal issues.
Services:
Legal Representation: NCIP lawyers represent ICCs/IPs in courts, quasi-
judicial bodies, prepare legal documents, and offer legal opinions.
Complaints Handling: Investigates complaints filed by ICCs/IPs regarding
rights violations and land disputes.
Legal Advisory: Provides guidance on legal matters affecting ICCs/IPs,
ensuring their beliefs and customs are respected.

21. 2. Paralegal Training
To empower ICCs/IPs communities with knowledge of their
rights and legal procedures, enabling them to assist
community members in accessing justice effectively.
Training Content:
Rights Awareness: Educates on IPRA and relevant laws,
emphasizing customary laws and land tenure systems.
Legal Procedures: Trains in navigating courts, administrative
bodies, and NCIP, facilitating support in legal proceedings.

22. Documentation Skills:
Teaches evidence gathering and proper documentation of
customary laws, crucial for legal disputes and claims
resolution.
Documentation of Customary Laws:
To document and preserve customary laws and practices of
ICCs/IPs communities for legal reference in resolving disputes
and maintaining cultural autonomy.
10. Adjudication Services:
Acting as a quasi-judicial body, NCIP's Regional Hearing
Offices and Commission En Banc resolve disputes and claims
affecting ICCs/IPs rights. This ensures fair adjudication based
on IPRA, its rules, and applicable jurisprudence.

23. 8.5 Conclusion
In conclusion, the National Commission on Indigenous
Peoples (NCIP) plays a pivotal role in the protection,
promotion, and empowerment of Indigenous Cultural
Communities/Indigenous Peoples (ICCs/IPs) in the
Philippines. Through its various programs and
services, NCIP strives to ensure the recognition of
ancestral domains, sustainable development
planning, education, advocacy, health services, and
legal assistance tailored to the specific needs and
rights of ICCs/IPs.