Rights to traditional governance. IPRA respects the community’s right to
traditionally manage, control, use, protect and develop their ancestral domains,
but subject to “consistency” with national laws. The allowable resource
utilization includes the right to enjoy the benefits of resources subject to existing
national laws on natural resource use and exploitation. The appropriate traditional
leadership structure of the indigenous community exercises governance over the
CADT. However, the local rules and policies are subject to the “legal framework”
of existing national laws. Access and utilization of all natural resources within
the coverage of the CADT will require FPIC from the concerned indigenous
community.
Implementation of IPRA and its outcomes
Early years. In its first three years of existence, the NCIP was not able to issue
a single CADT; rather, it certified community consent for dozens of mining
applications, an act which it had no legal power to effect under the IPRA. Initial
findings of the Office of the President’s Performance Audit reveal that the
NCIP was ill-equipped, the staff poorly trained and lacking field experience or
appropriate cultural sensitivity to handle land conflicts and issues of resource
access affecting indigenous communities.
The Arroyo administration, through the NCIP, committed to fully implement the
IPRA and promised to issue at least 100 domain titles by mid-2002. However, the
annual budgetary allocations for the NCIP and its ancestral domain management
activities remained at a paltry average of 0.07 percent of the national budget.
Moreover, the situation did not improve, as the trend in budgetary allocation for
Government services towards ancestral domain titling and community resources
management continued to decrease. (IFAD, 2001)
IPRA after 20 years. As of 2018, a total of 221 CADTs have been approved,
covering a total area of 5,413,773 hectares of ancestral lands and waters. Some
1,206,026 individuals have directly benefitted from the tenurial security afforded
by the approval of the CADTs.
Some 53 percent, or more than half (117) of the CADTs approved are in Mindanao,
while 94 CADTs (43 percent) are in Luzon and 10 CADTs (5 percent) are in the
Visayas.
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Status of Land and Resource Tenure Reform in the Philippines 2018
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