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The Rights of the Indigenous People
Understanding the rights of Indigenous People in the Philippines, exploring historical context,legal frameworks,
and current issues.
WHAT TO KNOW ABOUT INDIGENOUS
PEOPLE
HISTORICAL CONTEXT OF THE INDIGENOUS
PEOPLE
LEGAL FRAMEWORKS
THE ASPECTS OF THE INDIGENOUS PEOPLE’S
RIGHT
C O N T E N T S
THE NCIP AND ITS POWERS AND FUNCTIONS
The IP in the Philippines are ethnolinguistic groups or subgroups
that have retained much of their traditional pre-colonial culture and
practices.
They are mainly concentrated in Northern Luzon and
Mindanao, with some groups in the Visayas Area. They
are collectively knowns as the Igorots in the North and
Lumad in the South.
WHAT TO KNOW ABOUT INDIGENOUS PEOPLE
INDIGENOUS TRIBES OF THE
PHILIPPINES
44
Igorot Tribes from the Northern Philippines
The Igorot tribe also includes the Bontoc, Ibaloi, Isneg, Kalinga, Kankanaey and Tinguian groups.
Other tribes living in the North are Isnag from Apayao, Gaddang ( found between Kalinga and
Isabel Provinces), and the Ilongots living within the east mountains of Luzon called the Sierra
Madre and Caraballo Mountains, The Ilongots are known knowns for their intense aggresiveness
and cultural conservatism.
HISTORICAL CONTEXT OF THE INDIGENOUS PEOPLE
INDIGENOUS TRIBES OF THE
PHILIPPINES
44
I g o r o t T r i b e s f r o m t h e S o u t h e r n
- The Igorot tribe are mostly found in Mindanao, these existing non- Muslim IP groups are
colletively known as the Lumad - a cebuano term which means “ native or indigenous”
- Comprise of 13 ethnic groups which are the Blaan, Bukidnon,
Higaonon,Mamanwa,Mandaya, Manobo,Mansaka, Sangir, Subanen, Tagabawa,
Tagakaulo, Tasaday and T’boli.
- Known for tribal music produced by musical instruments they’ve created.
INDIGENOUS TRIBES OF THE
PHILIPPINES
44
O t h e r m a j o r t r i b e s i n t h e c o u n t r y
 Badjao
- originally from the Islands of Sulu in Mindanao, they’re known as the sea tribes living on
houseboats.
- Conflicts of the region has made the majority of them to migrate to neighboring countries
such as Malaysia and Indonesia.
 Ati and Tumandok
- One of the few clans in Visayas in Panay Island, mostly resemble the Aetas or Negritos
who are characterized by their dark skin.
 Palawan Tribes
- Batak, Palaweño ,Palawano and Tagbanwa mostly living in mountains r lowland
dwellings.
INDIGENOUS TRIBES OF THE
PHILIPPINES
44
O t h e r m a j o r t r i b e s i n t h e c o u n t r y
 Mangyan of Mindoro
- Has the biggest populace and have a peaceful reputation.
- Some converted to Christianity, there’s still a large percentage of those who practice animistic
religious beliefs.
 Aetas or Negritos
- or Agta or Ayta are one of the earliest known inhabitants of the Philippines.
- Called by the spanish colonizers as the Negritos because of their dark brown skin.
- Considered experts in herbal medicine.
INDIGENOUS TRIBES OF THE
PHILIPPINES
44
O t h e r m a j o r t r i b e s i n t h e c o u n t r y
 Badjao
 Ati and Tumandok
Batak
 Mangyan of Mindoro  Aetas or Negritos
The Philippines is a culturally diverse country with an estimated 14-17 million Indegeneous
People belonging to 110 ethno-linguistic groups.
( UNDP July 24,2013 )
The Philippine Constitution, in recognition of this diversity and under framework of national
unity and development,promotion, and fulfillment of the rights of Indigenous People. Further,
Republic Act 8371, also knowns as the “ Indigenous Peoples Rights Act”(1997, IPRA),
recognized the rights of the IPs to manage their ancestral domains.
L e g a l
Framewor
k
Key legal documents and Indigenous Peoples Rights Act and it’s main provisions.
is a Philippine Law that recognizes, protects, and
promotes the rights of the indigenous cultural
communities and indigenous people.
THE INDIGENOUS PEOPLE’S
RIGHTS ACT OF 1997 OR
REPUBLIC ACT NO. 8371 (IPRA)
THE ASPECTS OF THE INDIGENOUS PEOPLE’S
RIGHT
Right to ancestral domains and lands
Right to self-governance and empowerment
Right to social justice and human rights
Right to cultural integrity
Right to development
Right to education
Right to health and basic services
Rights of women, children, youth, elders, and differently-abled IPs
Rights during armed conflicts
Rights to indigenous knowledge systems and practices
THE ASPECTS OF THE INDIGENOUS PEOPLE’S
RIGHT
Rights to intellectual property
Rights to resettlement
Rights to employment and conditions of work
Rights to political participation
Rights to freedom of association
Rights to access justice
Rights to ancestral lands and natural resources.
THE ASPECTS OF THE INDIGENOUS PEOPLE’S
RIGHT
Right to ancestral domains and lands
 This is the right of ICCs/IPs to own, develop, control and use their ancestral
territories and natural resources therein, as well as to stay in their
territories and not to be removed therefrom without their free and prior
informed consent (FPIC).
Right to self-governance and empowerment
 This is the right of ICCs/IPs to exercise their inherent right to self-determination,
to maintain and develop their political, economic, social and cultural systems,
and to participate in decision-making processes that affect them.
THE ASPECTS OF THE INDIGENOUS PEOPLE’S
RIGHT
Right to social justice and human rights
 This is the right of ICCs/IPs to enjoy the full measure of human rights and
freedoms without distinction or discrimination, to have access to basic
services, to seek redress for violations of their rights, and to be protected
from any form of violence or abuse.
Right to cultural integrity
 This is the right of ICCs/IPs to preserve and develop their cultures, traditions,
histories, languages, and identities, as well as to protect their cultural,
intellectual, religious, and spiritual property from unauthorized use or
appropriation.
THE ASPECTS OF THE INDIGENOUS PEOPLE’S
RIGHT
 Right to development
 The Government shall establish the means for the full development/empowerment of the
ICCs/IPs own institutions and initiatives and, where necessary, provide the resources needed
therefor.
 Right to education
 The State shall provide equal access to various cultural opportunities to the ICCs/IPs through the
educational system, public or private cultural entities, scholarships, grants and other incentives
without prejudice to their right to establish and control their educational systems and institutions by
providing education in their own language, in a manner appropriate to their cultural methods of
teaching and learning. Indigenous children/youth shall have the right to all levels and forms of
education of the State.
THE ASPECTS OF THE INDIGENOUS PEOPLE’S
RIGHT
 Right to health and basic services
 The ICCs/IPs have the right to special measures for the immediate, effective and continuing
improvement of their economic and social conditions, including in the areas of employment,
vocational training and retraining, housing, sanitation, health and social security.
 Rights of women, children, youth, elders, and differently-abled IPs
 Particular attention shall be paid to the rights and special needs of indigenous women, elderly,
youth, children and differentlyabled persons
Take A Break
N e x t p r e s e n t a t i o n
THE ASPECTS OF THE INDIGENOUS PEOPLE’S
RIGHT
 Rights during armed conflicts
 ICCs/IPs have the right to special protection and security in periods of armed conflict.
 Rights to indigenous knowledge systems and practices
 ICCs/IPs are entitled to the recognition of the full ownership and control and protection of their
cultural and intellectual rights.
 Rights to intellectual property
 The indigenous concept of ownership generally holds that ancestral domains are the ICC’s/IP’s
private but community property which belongs to all generations and therefore cannot be sold,
disposed or destroyed. It likewise covers sustainable traditional resource rights
 Rights to resettlement
 In case displacement occurs as a result of natural catastrophes, the State shall endeavor to
resettle the displaced ICCs/IPs in suitable areas where they can have temporary life support
systems.
THE ASPECTS OF THE INDIGENOUS PEOPLE’S
RIGHT
Rights to employment and conditions of work
 ICCs/IPs has the right to be free from any form of discrimination, with respect to recruitment and
conditions of employment, such that they may enjoy equal opportunities for admission to employment,
medical and social assistance, safety as well as other occupationally-related benefits.
 Rights to political participation
 ICCs/IPs have the right to participate fully, if they so choose, at all levels of decision-making in
matters which may affect their rights, lives and destinies through procedures determined by them as
well as to maintain and develop their own indigenous political structures.
THE ASPECTS OF THE INDIGENOUS PEOPLE’S
RIGHT
Rights to freedom of association
 ICCs/IPs shall have the right to association and freedom for all trade union activities and the right to
conclude collective bargaining agreements with employers’ organizations.
Rights to access justice
 The ICCs/IPs shall have the right to use their own commonly accepted justice systems, conflict
resolution institutions, peace building processes or mechanisms and other customary laws and
practices within their respective communities and as may be compatible with the national legal
system and with internationally recognized human rights.
Rights to ancestral lands and natural resources.
 The rights of ownership and possession of ICCs/IPs to their ancestral domains shall be recognized
and protected.
National Commission on Indigenous People ( NCIP)
The primary government agency that is responsible for implementing and enforcing the
provisions of the IPRA. Th NCIP is composed of seven commissioners, one of whom is
the chairperson, and who are appointed by the President of the Philippines from a list of
nominees submitted by the ICCs/IP
PRIMARY POWERS AND FUNCTIONS OF
NCIP
 To serve as the primary government agency through which ICCs/IPs can seek
government assistance and as the medium, through which such assistance may be
extended.
 To review and assess the conditions of ICCs/IPs including existing laws and policies
pertinent thereto and to propose relevant laws and policies to address their role in
national development.
 To formulate and implement policies, plans,programs, and projects for the economic,
social and cultural development of ICCs/IPs and to monitor the implementation
thereof;
 To conduct research and documentation of the customs, traditions, history, culture
and languages of ICCs/IPs.
 To provide legal assistance, legal education, and public information to ICCs/IPs and
to support community-based paralegal services.
 To register and maintain a national registry of all ICCs/IPs and their membership.
 To issue certificates of ancestral domain/land titles and other forms of recognition of
the rights of the ICCs/IPs over their ancestral domains and lands.
PRIMARY POWERS AND FUNCTIONS OF
NCIP
 To exercise visitorial powers and take appropriate legal action against any person,
institution or agency who violates the rights of ICCs/IPs.
 To coordinate development programs and projects for the advancement of ICCs/IPs
and to oversee the proper implementation thereof;
 To administer and manage all lands, natural resources and other assets within the
ancestral domains and lands of ICCs/IPs;
 To undertake the delineation and recognition of ancestral domains and lands of
ICCs/IPs;
 To promote and support the establishment of tribal councils and federations of tribal
councils and other organizational structures of ICCs/IPs;
 To advise the President of the Philippines on all matters relating to the ICCs/IPs and to
submit an annual report on the status and well-being of the ICCs/IPs;
 To perform such other functions as may be directed by the President of the Philippines
or as may be provided by law.
T H A N K S

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The rights of the Indigenous People.pptx

  • 1. The Rights of the Indigenous People Understanding the rights of Indigenous People in the Philippines, exploring historical context,legal frameworks, and current issues.
  • 2. WHAT TO KNOW ABOUT INDIGENOUS PEOPLE HISTORICAL CONTEXT OF THE INDIGENOUS PEOPLE LEGAL FRAMEWORKS THE ASPECTS OF THE INDIGENOUS PEOPLE’S RIGHT C O N T E N T S THE NCIP AND ITS POWERS AND FUNCTIONS
  • 3. The IP in the Philippines are ethnolinguistic groups or subgroups that have retained much of their traditional pre-colonial culture and practices. They are mainly concentrated in Northern Luzon and Mindanao, with some groups in the Visayas Area. They are collectively knowns as the Igorots in the North and Lumad in the South. WHAT TO KNOW ABOUT INDIGENOUS PEOPLE
  • 4. INDIGENOUS TRIBES OF THE PHILIPPINES 44 Igorot Tribes from the Northern Philippines The Igorot tribe also includes the Bontoc, Ibaloi, Isneg, Kalinga, Kankanaey and Tinguian groups. Other tribes living in the North are Isnag from Apayao, Gaddang ( found between Kalinga and Isabel Provinces), and the Ilongots living within the east mountains of Luzon called the Sierra Madre and Caraballo Mountains, The Ilongots are known knowns for their intense aggresiveness and cultural conservatism. HISTORICAL CONTEXT OF THE INDIGENOUS PEOPLE
  • 5. INDIGENOUS TRIBES OF THE PHILIPPINES 44 I g o r o t T r i b e s f r o m t h e S o u t h e r n - The Igorot tribe are mostly found in Mindanao, these existing non- Muslim IP groups are colletively known as the Lumad - a cebuano term which means “ native or indigenous” - Comprise of 13 ethnic groups which are the Blaan, Bukidnon, Higaonon,Mamanwa,Mandaya, Manobo,Mansaka, Sangir, Subanen, Tagabawa, Tagakaulo, Tasaday and T’boli. - Known for tribal music produced by musical instruments they’ve created.
  • 6. INDIGENOUS TRIBES OF THE PHILIPPINES 44 O t h e r m a j o r t r i b e s i n t h e c o u n t r y  Badjao - originally from the Islands of Sulu in Mindanao, they’re known as the sea tribes living on houseboats. - Conflicts of the region has made the majority of them to migrate to neighboring countries such as Malaysia and Indonesia.  Ati and Tumandok - One of the few clans in Visayas in Panay Island, mostly resemble the Aetas or Negritos who are characterized by their dark skin.  Palawan Tribes - Batak, Palaweño ,Palawano and Tagbanwa mostly living in mountains r lowland dwellings.
  • 7. INDIGENOUS TRIBES OF THE PHILIPPINES 44 O t h e r m a j o r t r i b e s i n t h e c o u n t r y  Mangyan of Mindoro - Has the biggest populace and have a peaceful reputation. - Some converted to Christianity, there’s still a large percentage of those who practice animistic religious beliefs.  Aetas or Negritos - or Agta or Ayta are one of the earliest known inhabitants of the Philippines. - Called by the spanish colonizers as the Negritos because of their dark brown skin. - Considered experts in herbal medicine.
  • 8. INDIGENOUS TRIBES OF THE PHILIPPINES 44 O t h e r m a j o r t r i b e s i n t h e c o u n t r y  Badjao  Ati and Tumandok Batak  Mangyan of Mindoro  Aetas or Negritos
  • 9. The Philippines is a culturally diverse country with an estimated 14-17 million Indegeneous People belonging to 110 ethno-linguistic groups. ( UNDP July 24,2013 ) The Philippine Constitution, in recognition of this diversity and under framework of national unity and development,promotion, and fulfillment of the rights of Indigenous People. Further, Republic Act 8371, also knowns as the “ Indigenous Peoples Rights Act”(1997, IPRA), recognized the rights of the IPs to manage their ancestral domains.
  • 10. L e g a l Framewor k Key legal documents and Indigenous Peoples Rights Act and it’s main provisions.
  • 11. is a Philippine Law that recognizes, protects, and promotes the rights of the indigenous cultural communities and indigenous people. THE INDIGENOUS PEOPLE’S RIGHTS ACT OF 1997 OR REPUBLIC ACT NO. 8371 (IPRA)
  • 12. THE ASPECTS OF THE INDIGENOUS PEOPLE’S RIGHT Right to ancestral domains and lands Right to self-governance and empowerment Right to social justice and human rights Right to cultural integrity Right to development Right to education Right to health and basic services Rights of women, children, youth, elders, and differently-abled IPs Rights during armed conflicts Rights to indigenous knowledge systems and practices
  • 13. THE ASPECTS OF THE INDIGENOUS PEOPLE’S RIGHT Rights to intellectual property Rights to resettlement Rights to employment and conditions of work Rights to political participation Rights to freedom of association Rights to access justice Rights to ancestral lands and natural resources.
  • 14. THE ASPECTS OF THE INDIGENOUS PEOPLE’S RIGHT Right to ancestral domains and lands  This is the right of ICCs/IPs to own, develop, control and use their ancestral territories and natural resources therein, as well as to stay in their territories and not to be removed therefrom without their free and prior informed consent (FPIC). Right to self-governance and empowerment  This is the right of ICCs/IPs to exercise their inherent right to self-determination, to maintain and develop their political, economic, social and cultural systems, and to participate in decision-making processes that affect them.
  • 15. THE ASPECTS OF THE INDIGENOUS PEOPLE’S RIGHT Right to social justice and human rights  This is the right of ICCs/IPs to enjoy the full measure of human rights and freedoms without distinction or discrimination, to have access to basic services, to seek redress for violations of their rights, and to be protected from any form of violence or abuse. Right to cultural integrity  This is the right of ICCs/IPs to preserve and develop their cultures, traditions, histories, languages, and identities, as well as to protect their cultural, intellectual, religious, and spiritual property from unauthorized use or appropriation.
  • 16. THE ASPECTS OF THE INDIGENOUS PEOPLE’S RIGHT  Right to development  The Government shall establish the means for the full development/empowerment of the ICCs/IPs own institutions and initiatives and, where necessary, provide the resources needed therefor.  Right to education  The State shall provide equal access to various cultural opportunities to the ICCs/IPs through the educational system, public or private cultural entities, scholarships, grants and other incentives without prejudice to their right to establish and control their educational systems and institutions by providing education in their own language, in a manner appropriate to their cultural methods of teaching and learning. Indigenous children/youth shall have the right to all levels and forms of education of the State.
  • 17. THE ASPECTS OF THE INDIGENOUS PEOPLE’S RIGHT  Right to health and basic services  The ICCs/IPs have the right to special measures for the immediate, effective and continuing improvement of their economic and social conditions, including in the areas of employment, vocational training and retraining, housing, sanitation, health and social security.  Rights of women, children, youth, elders, and differently-abled IPs  Particular attention shall be paid to the rights and special needs of indigenous women, elderly, youth, children and differentlyabled persons
  • 18. Take A Break N e x t p r e s e n t a t i o n
  • 19. THE ASPECTS OF THE INDIGENOUS PEOPLE’S RIGHT  Rights during armed conflicts  ICCs/IPs have the right to special protection and security in periods of armed conflict.  Rights to indigenous knowledge systems and practices  ICCs/IPs are entitled to the recognition of the full ownership and control and protection of their cultural and intellectual rights.  Rights to intellectual property  The indigenous concept of ownership generally holds that ancestral domains are the ICC’s/IP’s private but community property which belongs to all generations and therefore cannot be sold, disposed or destroyed. It likewise covers sustainable traditional resource rights  Rights to resettlement  In case displacement occurs as a result of natural catastrophes, the State shall endeavor to resettle the displaced ICCs/IPs in suitable areas where they can have temporary life support systems.
  • 20. THE ASPECTS OF THE INDIGENOUS PEOPLE’S RIGHT Rights to employment and conditions of work  ICCs/IPs has the right to be free from any form of discrimination, with respect to recruitment and conditions of employment, such that they may enjoy equal opportunities for admission to employment, medical and social assistance, safety as well as other occupationally-related benefits.  Rights to political participation  ICCs/IPs have the right to participate fully, if they so choose, at all levels of decision-making in matters which may affect their rights, lives and destinies through procedures determined by them as well as to maintain and develop their own indigenous political structures.
  • 21. THE ASPECTS OF THE INDIGENOUS PEOPLE’S RIGHT Rights to freedom of association  ICCs/IPs shall have the right to association and freedom for all trade union activities and the right to conclude collective bargaining agreements with employers’ organizations. Rights to access justice  The ICCs/IPs shall have the right to use their own commonly accepted justice systems, conflict resolution institutions, peace building processes or mechanisms and other customary laws and practices within their respective communities and as may be compatible with the national legal system and with internationally recognized human rights. Rights to ancestral lands and natural resources.  The rights of ownership and possession of ICCs/IPs to their ancestral domains shall be recognized and protected.
  • 22. National Commission on Indigenous People ( NCIP) The primary government agency that is responsible for implementing and enforcing the provisions of the IPRA. Th NCIP is composed of seven commissioners, one of whom is the chairperson, and who are appointed by the President of the Philippines from a list of nominees submitted by the ICCs/IP
  • 23. PRIMARY POWERS AND FUNCTIONS OF NCIP  To serve as the primary government agency through which ICCs/IPs can seek government assistance and as the medium, through which such assistance may be extended.  To review and assess the conditions of ICCs/IPs including existing laws and policies pertinent thereto and to propose relevant laws and policies to address their role in national development.  To formulate and implement policies, plans,programs, and projects for the economic, social and cultural development of ICCs/IPs and to monitor the implementation thereof;  To conduct research and documentation of the customs, traditions, history, culture and languages of ICCs/IPs.  To provide legal assistance, legal education, and public information to ICCs/IPs and to support community-based paralegal services.  To register and maintain a national registry of all ICCs/IPs and their membership.  To issue certificates of ancestral domain/land titles and other forms of recognition of the rights of the ICCs/IPs over their ancestral domains and lands.
  • 24. PRIMARY POWERS AND FUNCTIONS OF NCIP  To exercise visitorial powers and take appropriate legal action against any person, institution or agency who violates the rights of ICCs/IPs.  To coordinate development programs and projects for the advancement of ICCs/IPs and to oversee the proper implementation thereof;  To administer and manage all lands, natural resources and other assets within the ancestral domains and lands of ICCs/IPs;  To undertake the delineation and recognition of ancestral domains and lands of ICCs/IPs;  To promote and support the establishment of tribal councils and federations of tribal councils and other organizational structures of ICCs/IPs;  To advise the President of the Philippines on all matters relating to the ICCs/IPs and to submit an annual report on the status and well-being of the ICCs/IPs;  To perform such other functions as may be directed by the President of the Philippines or as may be provided by law.
  • 25. T H A N K S