Rights of Iccs

Rights to Ancestral Domains and Ancestral Lands

Rights to Self-Governance

Social Justice and Human Rights

Rights to Cultural Integrity

RIGHTS of ICCs/IPs

Ancestral DomainsA. Rights and Responsibilities of

OwnershipCivil Code IPRA

RIGHTS

RESPONSIBILITIES

The exercise, to the exclusion of all others, of the following rights:

The right to use (abuse)The right to enjoy its fruitsThe right to dispose

Use (enjoy or dispose) in a manner not injurious to others.

•Private but Community Property

•belongs to all generations (the ICCs/IPs, in particular)

•cannot be sold, disposed or destroyed

Maintain ecological balance, restore denuded areas, observe and comply with IPRA

B. Right to Develop Lands and Natural Resources Other Laws IPRA

REQUIREMENTS:

DAMAGES:

a. Environmental Compliance Certificate (ECC)

b. Individual/s affected

c. LGU/s affected

EITHER of the following:

a. Free and Informed consent of ICCs/IPs

b. No Ancestral Domain

a. ICC/IPs whose AD is affected

Ancestral Domains

No ICCs/IPs will be relocated without their free and prior informed consent, nor through any means other than EMINENT DOMAIN.

In Case of Displacement, the following rights are Guaranteed:

a. To return to AD as soon as reason for leaving ceases to exist; OR

b. If the AD is destroyed, they enjoy security of tenure over lands to which they have been resettled.

Ancestral DomainsC. Right to Stay in Territory;

Rights in Case of Displacement

The lands must be of quality and legal status at least equal to that of the land previously occupied by them, suitable to provide for their present needs and future development.

Ancestral DomainsC. Right to Stay in Territory;

Rights in Case of Displacement

Migrant Settlers AND Organizations

Unauthorized and/or unlawful intrusion is punishable:

a. in accordance with the customary laws of the ICCs/IPs concerned

b. imprisonment of nine (9) months to twelve (12) years or a fine of One hundred thousand pesos (P100,000) to Five hundred thousand pesos (P500,000) or both

D. Right to Regulate Entry of Migrants

Co-Ownership IPRA

To a Member:

To a Non-Member:

(Right of Redemption)

a. Subject to the general law/s on sale of lands

b. Period is w/in 30 days from notice

c. Does not require vitiated consent

a. subject to customary laws and traditions of the ICC

b. Period is within 15 years from date of transfer

c. Only applicable when the transfer is tainted with vitiated consent OR in case of unconscionable consideration or price

Rights to Ancestral Lands

LGC IPRA

Conflict Resolution

a. Katarungang Pambarangay

In barangays where majority of the inhabitants are members of indigenous cultural communities, local systems of settling disputes through their councils of datus or elders shall be recognized without prejudice to the applicable provisions [the LGC]

a. customary laws

When disputes involve ICCs/IPs, customary laws and practices shall be used to resolve the dispute.

SELF-GOVERNANCE AND EMPOWERMENT

LGC IPRA

Tribal Barangays

Section 386. Requisites for Creation. - To enhance the delivery of basic services in the ICCs, barangays may be created in such communities by an Act of Congress, notwith-standing the above requirements.

The ICCs/IPs living in contiguous areas or communities where they form the predominant population but which are located in municipalities, provinces or cities where they do not constitute the majority of the population, may form or constitute a separate barangay

SELF-GOVERNANCE AND EMPOWERMENT

Equal protection and non-discrimination. The fundamental human rights and freedoms enshrined in the constitution and relevant international instruments are guaranteed to ICCs/IPs.

SOCIAL JUSTICE AND HUMAN RIGHTS

Rights during Armed Conflict:

The State shall not recruit members of the ICCs/IPs against their will into armed forces, and in particular, for the use against other ICCs/IPs.

The State shall not not recruit children of ICCs/IPs into the armed forces under any circumstance.


I. Unlawful Acts Pertaining to Employment

a. To discriminate against any ICC/IP with respect to the terms and conditions of employment on account of their descent. Equal remuneration shall be paid to ICC/IP and non-ICC/IP for work of equal value; and

b. To deny any ICC/IP employee any right or benefit herein provided for or to discharge them for the purpose of preventing them from enjoying any of the rights or benefits provided under this Act.


The Labor Code provides that the government shall ensure equal work opportunities, regardless of sex, race, age or creed.

Difference: Legal Remedies Available


Other important provisions: RIGHTS of Women:

No provision in the IPRA shall be interpreted so as to result in the diminution of rights and privileges already recognized and accorded to women under existing laws of general application.

equal rights and opportunities with men, as regards the social, economic, political and cultural spheres of life.

participation in decision-making process in all levels, as well as in the development of society


Intellectual Property Rights

SEC. 32. Community Intellectual Rights. ICCs/IPs have the right to practice and revitalize their own cultural traditions and customs.

Protection and Development of past, present and future manifestations of their cultural, intellectual, religious, and spiritual property

RIGHT TO CULTURAL INTEGRITY


SEC. 34. Right to Indigenous Knowledge Systems and Practices and to Develop own Sciences and Technologies.

FULL OWNERSHIP AND CONTROL and PROTECTION of their cultural and intellectual rights.



I. Intellectual Property Code; Exceptions to Patentability:

The IP Code shall not preclude Congress to consider the enactment of a law providing:

a. sui generis protection of plant varieties and animal breeds

b. system of community intellectual rights protection.



II. Traditional and Alternative Medicine Act (RA 8423):

Gives ICCs/IPs the right to a share from the commercialization of traditional medicine knowledge.


Other Cultural Rights:

III. ANIMAL WELFARE ACT (RA 8485)

a. exception to prohibition on the killing of animals when made part of a ritual required by tribal or ethnic custom of indigenous cultural communities

b. FPIC of ICCs/IPs are required before bio-prospecting is allowed within their AD



IV. Philippine Technology Transfer Act (RA 10055)

An Intellectual Property Rights Application shall include a disclosure of the biodiversity, genetic resources or materials, associated traditional knowledge, and indigenous knowledge, systems and practices utilized in or which formed as basis in the development of the subject matter contained in the application.



PROHIBITED ACTS:

a) Explore, excavate or make diggings on archeological sites of the ICCs/IPs for the purpose of obtaining materials of cultural values without the free and prior informed consent of the community concerned; and

b) Deface, remove or otherwise destroy artifacts which are of great importance to the ICCs/IPs for the preservation of their cultural heritage.


Documents

Rights of Iccs