determination, the recognition of the ‘ownership’
of IPs to their lands and domains and obligation to
secure a Free Prior Informed Consent (FPIC) from
IP communities for any development activity that
may affect them. Henceforth, all laws, policies,
and programs have to acknowledge, respect and
comply with the above-mentioned principles.
However, there have been loopholes that have
been exploited by various interest groups to go
around the FPIC requirements. Furthermore,
there has been a difficulty in enforcing and
implementing many of the progressive provisions
of the IPRA mainly due to the unfamiliarity of
many state actors along with CSO workers who
are expected to advocate for the law and provide
support to IP communities.
Admittedly, there is a dearth of development
workers who have the capacity to support IP
communities and address their land issues.
For years, CSO advocacy has mainly focused on
agrarian reform issues and paid little attention to
IP advocacy, which was left to a small community
of CSOs who specialized in indigenous peoples’
rights. There is a need to build support among
a broader community of CSOs and build their
capacity to enable them to provide services to
the IP sector.
At the same time, the front-line implementors of
government have not been able to facilitate the
implementation of the IPRA and execute what is
expected of them by the IP communities due to
their unfamiliarity with the law.
Many applications for ancestral domain titles
face opposition from government agencies and
local government units (LGUs) who deem the
awarding of titles as a threat to their authority
and jurisdiction. In other instances, the nature
of the opposition is based on the mistaken belief
that IP communities do not have the capacity to
manage large tracts of lands; hence, applications
for titles should be opposed as these may pose
a threat to the conservation of critical natural
resources. However, to its credit, the Department
of Interior and Local Government (DILG) has
recently issued a Memorandum-Circular to all the
attached agencies under its jurisdiction, which
provides information and enjoins all to comply
with the lawful mandate of the IPRA.
The business sector, on the other hand, raises the
loss of potential revenue as its basis for opposing
the implementation of the progressive provisions
of the IPRA. The mining industry has constantly
raised the specter of the loss of revenue in areas
that the IP communities consider as sacred and
ritual areas and are thus declared as off limits to
any form of disturbance. The need for a dialogue
between the IP sector and the business sector is
imperative. The antagonistic position against the
rights of IPs is rooted in the lack of understanding
and appreciation by the business sector of
not only the IPRA but the very nature of the
aspirations of the IP sector.
The effectivity of IP leaders to advocate for the
full implementation of the IPRA also needs to
be enhanced. Nearly two decades since the
enactment of the IPRA, many communities are
still unaware of the bundle of rights that they are
supposed to have and enjoy.
Clearly, there is a need for a concerted effort
among many actors to fully realize the mandate
of the IPRA. But in order to push for the
effective and full implementation of probably
the most progressive and ‘pro-people law’ in the
Philippines, many limitations and capacity gaps
that remain among the concerned agencies and
institutions need to be properly addressed.
Lok Niti
105
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