Philippines on ANGOC

8/14/2019 Philippines on ANGOC

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An overviewDave De Vera

PAFID

2009


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ThePhilippines

Land Area: 33 M.

HectaresPopulation: 92 Million


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Indigenous Peoples in thePhilippines

110 Ethnolinguistic Groups14 Million Population


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Indigenous

Peoples/Communities

Continuously lived as a community in adefined territory.


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Occupied,possessedand usedsuchterritorieswith claimsofownershipsince time

immemorial.


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Sharecommonbonds oflanguage,

customs,traditionsand otherdistinct

culturaltraits; and


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Became

historicallydifferentiatedfrom the majorityof Filipino

throughresistance topolitical, social,cultural inroads

of colonization,non-indigenousreligions andcultures.


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What are the problemsthat are faced byIndigenous Communitiesin the Philippines?


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Migrants andrich people have

bought lands atvery low pricesfrom Indigenouscommunities;

Not aware oftheir rights,IndigenousPeoples haveno choice but tosell.

Many of those

who resisted


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The Traditional Land of the Ati People has beenconverted into a golf course for the rich without

compensation and approval from the people


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Their environment is beingTheir environment is being

destroyed because manydestroyed because many

communities still the have nocommunities still the have no


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Section. 5 The State shall

..protect the rights ofIndigenous CulturalCommunities to theirancestral lands

Sec. 17 Art. XIV The State shall

recognize, respect andprotect the rights ofICCs to preserve anddevelop their culturesand traditions.

1987: Philippine1987: Philippine

ConstitutionConstitution


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Legal Framework

A National Law, theIndigenous PeoplesRights Act (IPRA)

entitles IndigenousPeoples to securelegal titles ofownership over their

traditional lands andterritories


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Legal Framework

What can be included in theAncestral Domain Titles?


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Legal Framework

The Ancestral DomainThe Ancestral Domain

Title includes allTitle includes all

farms, forests andfarms, forests and

bodies of waterbodies of waterincluding the oceanincluding the ocean

that have long beenthat have long been

part of thepart of the

communityscommunitystraditional territorytraditional territory


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Identifying the BoundariesIdentifying the Boundaries

CommunitiesCommunities

have the righthave the right

to defineto define

where thewhere theboundaries areboundaries are

of theof the

communalcommunal

land/ancestralland/ancestraldomain.domain.


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IdentifyingIdentifying

the Boundariesthe Boundaries

After aconsensus a

communityfinalize theboundaries ofthe claim


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Mapping/Surveying

Indigenouspeoples land

Boundaries arelocated and

marked


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The TitleThe Title

Once the claim isOnce the claim is

validated, surveyedvalidated, surveyed

and approved aand approved a

Original CertificateOriginal Certificateof Title is issued.of Title is issued.

R i i h i l


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Registering the title

The Communal Title held in trust by the communityelders is registered as a Private Title at the National

Land Registration Authority


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Access to Land and Tenurial

Security It is estimated that there are

approximately 5-7 Million hectares of

Ancestral Domains in the country. 45 Certificate of Ancestral

DomainTitles (CADTs) have been

issued covering 874,000+ hectares.


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Ancestral Domain Titles have been secured

for both land and coastal waters of


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The Tagbanua people of Coron Islandsecured a title over their ancestralIsland including a part of the ocean


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The Ikalahan inNorthern Philippines

people now have atitle covering 40,000hectares w/c includessanctuary and spirit

forests


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Communities and NGOs have been ab le todocument and map more than 1 Million

hectares of Traditional Lands


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What has been doneWhat has been done

Land TenureLand Tenure

InstrumentInstrumentNo.No. AreaArea

CommunityCommunity

Forest Mgt.Forest Mgt.

AgreementsAgreements

3737 144,000144,000

hec.hec.

RecognitionRecognition

CertificateCertificate125125 2.5 Million2.5 Million

Hec.Hec.

CommunalCommunal

TitleTitle

4545 874, 680874, 680

Hec.Hec.


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An averge of 4.4titles/yr. were issuedsince the passage ofIPRA

There are 91 pendingCADT applications 49 Have not been

surveyed anddelineated

It is estimated thatnew application willcover nearly 1.5 - 2Million hectares more.


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What are the problemsthat affect the

implemention of the lawthat recognizesCustomary Land Rightsin the Philipines?


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The Indigenous

Communities represent 16%of our population.

Yet only 2% of total land areaof the Phils. (30M hectares) islegally recognized as Ancestral

Domains.

The lack of budget hasprevented the Governmentfrom rocessin Ancestral


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Contradictory GovernmentPolicies in land utilization and

managment go against therights of Indigenous Peoplesover their land.


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There are more than1,450 applications formining operations inthe Philippines.

Commercial loggingand Agriculturaloperations continue tobe allowed in the

uplands.

Most of these are inthe ancestral domains

of Indigenous Peoples


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Aboriginal Mamanwa familiesdriven oof their land and nowliving under a bridge inSurigao, Southern Philippines.


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Open pit minein Northern

Philippines


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There very little support

and commitment withinthe Government to fullyimlement the lawrecognizing customaryland rights

The Government

agency assigned toimplement the lawreceives onle about$12.5M/year to funds

its operations


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The process for applying for a

title is difficult and


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cost of the

whole processof titling is veryprohibitive for

manycommunities.

Without thehelp of supportgroups manycommunities

can never afford

Completed claim

books


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Legal processes

of IPRA areseen by somecommunities as

underminingtraditionalleadership andcommunityprocesses.


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Challenges andOpportunities for

Communities andNGOs


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Many Indigenous Communities still loseMany Indigenous Communities still lose

their land.their land.

What remains of the Tboli Village in Sinolon, South

Cotabato


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Community Organizing and capacity buildingCommunity Organizing and capacity building

of communities should be sustained.of communities should be sustained.


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mappingmapping

andand

documentatidocumentati

on ofon of

IndigenousIndigenouslands shouldlands should

continuecontinue


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To generate more support, initiatives forthe recognition of rights over customarylands should be linked to other

advocacies such as the enviroenmentand human rights.

International covenants, agreements and

treaties should be utilized to pressureGovernment to fully implement the law.

These could include the UN declarationon Indigenous Peoples Rights, Durban

Accord, Convention on Biodersity and


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Thank You

and GoodMorning!

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