It would be difficult to ascertain if indigenous communities would find the permit system through the
Department of Agriculture (DA) and the LGU appropriate or even sensitive to indigenous legal systems,
and indigenous concepts of ownership and resource use. The Revised Fisheries Code was enacted
without undergoing a process of consultation among the indigenous fisherfolk communities, and this has
had a telling effect on the law’s present form: it is virtually silent on the rights of indigenous communities
over ancestral waters and prior rights over traditional fishing grounds.
While the Fisheries Code highlights the regulation of economic access to the 15-kilometer zone of coastal
waters, indigenous communities may stress other non-economic issues, such as self-delineation of
traditional territories, cultural artifacts and conflicting cultural values over aquatic resources. The latter
may be cause for reservations in participating in FARMCs, apart from significant concerns over cultural
integrity and traditional lifeways.
Clash with Traditional Rules of Governance
Under Customary Rules, the governance of
the ancestral waters is the sole responsibility
of the Tagbanwa elders or mamepet. The
IPRA, which recognizes their rights to assert
and enforce their indigenous knowledge
systems and practices, and customary laws
and traditions further strengthen this over
any part of their ancestral domains. This
directly contradicts the mandate of the
LGU given by the Local Government Code
where the Sanggunian Bayan to grant fishery
privileges such as permits and licenses
to erect structure, harvest products and
operate fishing vessels within the municipal
waters. Furthermore, the LGU as well
including the national government cannot
unilaterally issue any resource utilization
and/or management instrument over any
part of the ancestral waters. Under IPRA, any
issuance of the aforementioned instruments
shall need to go through the process of free,
prior, and informed consent (FPIC) issuance
of FPIC for all activities within the coverage
of the CADT.
Map 3. Map indicating the various zones of the Tagbanwa
Ancestral Lands and Waters
16
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