“The Mining Act of 1985 has had
the biggest impact on the land
rights of indigenous peoples.
Majority of mining applications
and operations are found
within ancestral domains and in
environmentally critical areas.”
the contract-based resource management
agreements between the state and the community
as it recognizes the “ownership” of the indigenous
community over their traditional territories
which include land, bodies of water and all other
natural resources therein. Furthermore, the IPRA
provides tenurial security to the community with
issuance of an ownership title to the concerned
indigenous clan or community.
The IPRA included “self delineation” as the guiding
principle in the identification of ancestral domain
claims. However, due to the lack of resources and
skills in the National Commission on Indigenous
Peoples (NCIP), the government has not been
able to provide the necessary services to the
IP sector to realize this mandate and issue the
necessary titles.
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 of the
NCIP reveal that the agency is ill-equipped, the
staff poorly trained and lacking field experience
or appropriate cultural sensitivity to handle land
104
conflicts and issues of resource access affecting
indigenous communities.
With an average budget of P500 million for
its national operations and a staffing pattern
beleaguered by a lack of capacity and skills,
the NCIP faces severe constraints in serving the
aspirations of the indigenous peoples’ sector. Thus
it is actively seeking the help of the private sector,
in particular members of civil society who have
had extensive experience in the field of ancestral
domain claims and community mapping.
Eighteen years hence, so much still remains to be
done. To date, very limited development activities
in support of the Ancestral Domain Management
Plans have been implemented in the IP areas.
Problems in the implementation of the IPRA
continue to fester and severely limit the capacity
of indigenous communities to truly benefit from
the mandate of the IPRA.
The inability of the government to fully implement
the IPRA in order to address the problems
and concerns of the indigenous communities
is rooted in conflicting policies, capacity gaps
and a questionable commitment to empower
indigenous communities.
Ranged against all odds, as of 2015 the following
have been awarded; 158 Certificate of Ancestral
Domain Titles (CADTs), 258 Certificate of
Ancestral Land Titles (CALTs) with a total coverage
of 4,323,782.722 ha or 14% of the total land area
of the Philippines. There are still 557 applications
that are pending or in process with a total area of
2,670,101.20 ha.
Assessment of Key Actors
The most important contributions of the IPRA is
the institutionalization of the principle of self-
Asian NGO Coalition for Agrarian Reform and Rural Development (ANGOC)
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents