The JAO has resulted in the further marginalization of indigenous peoples. The IPs
still are struggling to come up with strategies to resolve these agency-jurisdiction
contested areas, realize the registration of their CADT and finally have the CADT
awarded. This should not be the case if the JAO was functional. Rather, the
affected IPs should be able to devote their energy and time to positive activities
– i.e., improving their management over their CADT, developing their ancestral
domain and livelihoods, and addressing existing threats of encroachment of
illegal logging in forested areas and illegal cattle pastures in grasslands.
The non-registration of CADTs has fostered a negative attitude among local
governments and national agencies to question ancestral domain rights.
The never-ending prolonging of the registration and awarding of the CADT
has undermined the indigenous people’s rights to ancestral domain. It has
encouraged the other groups and government agencies to disregard or
selectively respect the rights of the IPs to their CADT area.
Out of the 221 approved CADTs to date, only 50 have so far been registered
under LRA.
Uncertainty in ARMM. Since NCIP’s inception in 1998, a representative of
the Central Mindanao Ethnographic Region has been appointed to the NCIP.
The jurisdiction of this commissioner includes several provinces and a city of
the Autonomous Region of Muslim Mindanao (ARMM). However, no CADT
application from the ARMM has been processed and approved by the NCIP. This
is mainly due to the uncertainty and potential conflict of jurisdiction between
the NCIP and the ARMM Government. As a result, thousands of indigenous
Teduray, Lambangian and Manobo communities have not been able to secure
CADTs over their ancestral domains. It is only in the past two years that the NCIP
has taken the initiative to support the CADT claim of the Teduray-Lambangian
ancestral domain claimants in South Upi, Maguindanao.
Emerging policy issues and threats
Expansion of Special Economic Zones. Special Economic Zones or ecozones
consist of selected areas in the country that are transformed into highly
developed agro-industrial, tourist/recreational, commercial, banking,
investment, and financial centers, and where highly trained workers and
efficient services will be made available to commercial enterprises.
84
Status of Land and Resource Tenure Reform in the Philippines 2018
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