territories which include land, bodies of water and all other natural resources
therein.
IPRA provides for a process of titling of lands through the issuance of CADTs. The
law gave jurisdiction of all ancestral domain claims to the NCIP, including those
previously awarded by the DENR and all future claims that shall be filed.
The basis for filing new claims include the submission of a valid perimeter
map, evidence and proof, and the accomplishment of an Ancestral Domain
Sustainable Development and Protection Plan (ADSDPP). All existing ancestral
domain claims previously recognized through the issuance of claims (CADCs)
are required to pass through a process of affirmation for titling.
CADTs (and CALTs) are ownership tenurial instruments issued and awarded to an
applicant community or clan. The effectivity of these tenurial instruments has
no term limits and representatives chosen by the community act as holders of
the CADT in trust in behalf of the concerned indigenous community.
Coverage of ancestral domains. The definition of ancestral domains covers forests,
pastures, residential and agricultural lands, hunting grounds, worship and burial
areas, and includes lands no longer occupied exclusively by indigenous cultural
communities, but to which they had traditional access, particularly the home
ranges of indigenous cultural communities who are still nomadic or shifting
cultivators. (IPRA, Chapter 3, Section 3-a)
Principle of self-delineation. IPRA provides for indigenous communities to
document and delineate their own ancestral domain claims, and to formulate
their own sustainable development and management plans (ADSDPPs), based
on their indigenous knowledge systems and practices. Very strict rules of survey
and delineation are prescribed by IPRA. Survey grade accuracy is required in the
delineation of CADT claims, and surveys should be undertaken only by a licensed
geodetic engineer.
A claim for ancestral domain may include terrestrial, coastal and aquatic
resources, and airspace – depending on the ability of the applicant-community
to generate the required body of evidence and proof. Access is limited to the
certified members of the indigenous community or clan who are listed in an
official survey, which is part of the documentation of the claim. Migrants or
non-IPs may be included if they are recognized and given limited rights as
community members through the land tenure and allocation policies as defined
in the respective ADSDPPs.
Asian NGO Coalition for Agrarian Reform and Rural Development (ANGOC)
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