The Philippines is a signatory to the Convention on
Biodiversity (CBD), which lays the internationally
accepted standards on the protection of the
rights and welfare of indigenous peoples in the
conservation of natural resources within their
territories.
The CBD also provides a framework for the
recognition of Traditional Knowledge Systems
as an acceptable and viable option for the
management of natural resources and the
environment.
However, in spite of the tremendous advances
made by the indigenous communities along with
their support groups and advocates, the Philippine
Legislature has yet to ratify the International Labor
Organization Convention 169. The convention (ILO
169) is a legal, international treaty that provides
the basic standards to protect indigenous workers
within the framework of respect for indigenous
and tribal peoples’ cultures, their distinct ways of
life, and their traditions and customs.
Given the limitations of the Government
bureaucracy and the effectivity of international
law, the Philippines has been actively complying
with its commitments and obligations with the
treaties, agreements and declarations that it has
signed and adopted.
Ancestral Domains in the Philippines
Ancestral domains are defined in the Indigenous
Peoples Rights Act as:
“all areas generally belonging to
ICCs/IPs comprising lands, inland
waters, coastal areas, and natural
resources therein, held under a claim
of ownership, occupied or possessed by
ICCs/IPs, themselves or through their
ancestors, communally or individually
since time immemorial, continuously
to the present except when interrupted
by war, force majeure or displacement
by force, deceit, stealth or as a
consequence of government projects
or any other voluntary dealings
entered into by government and
private individuals, corporations, and
which are necessary to ensure their
economic, social and cultural welfare.
It shall include ancestral land, forests,
pasture, residential, agricultural, and
other lands individually owned whether
alienable and disposable or otherwise,
hunting grounds, burial grounds,
worship areas, bodies of water, mineral
and other natural resources, and lands
which may no longer be exclusively
occupied by ICCs/IPs but which they
traditionally had access to for their
subsistence and traditional activities,
particularly the home ranges of ICCs/
IPs who are still nomadic and/or shifting
cultivators” (IPRA, Chapter 2, Sec. 3a)
With the Philippines consisting of at least 7,100
islands, ancestral domains come in various forms
and configurations. These can be found in the
upland ecosystems all the way to the coastal
zones of the Archipelago. Under the IPRA, the
disposition of ancestral domains can either be
communal ownership or through clan or family
ownership. As such, a Certificate of Ancestral
Domain Title (CADT) is issued to a community
while a Certificate of Ancestral Land Title (CALT)
is awarded to clan or family claimants.
As of 2015, the NCIP has issued 158 CADTs and
258 CALTs covering 4,323,728.722 hectares (ha)
or 14% of the nation’s total land area. These are
distributed all over the country with the islands
Lok Niti
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