ICC’s/IP’s private but community property which belongs to all generations and therefore cannot be sold,
disposed or destroyed. It likewise covers sustainable traditional resource rights.
SECTION 6. Composition of Ancestral Lands/Domains. — Ancestral lands and domains shall consist
of all areas generally belonging to ICCs/IPs as referred under Sec. 3, items (a) and (b) of this Act.
SECTION 7. Rights to Ancestral Domains. — The rights of ownership and possession of ICCs/IPs to
their ancestral domains shall be recognized and protected. Such rights shall include:
a) Right of Ownership. — The right to claim ownership over lands, bodies of water traditionally and
actually occupied by ICCs/IPs, sacred places, traditional hunting and fishing grounds, and all improvements
made by them at any time within the domains;
b) Right to Develop Lands and Natural Resources. — Subject to Section 56 hereof, right to develop,
control and use lands and territories traditionally occupied, owned, or used; to manage and conserve natural
resources within the territories and uphold the responsibilities for future generations; to benefit and share
the profits from allocation and utilization of the natural resources found therein; the right to negotiate the
terms and conditions for the exploration of natural resources in the areas for the purpose of ensuring
ecological, environmental protection and the conservation measures, pursuant to national and customary
laws; the right to an informed and intelligent participation in the formulation and implementation of any
project, government or private, that will affect or impact upon the ancestral domains and to receive just and
fair compensation for any damages which they may sustain as a result of the project; and the right to
effective measures by the government to prevent any interference with, alienation and encroachment upon
these rights;
c) Right to Stay in the Territories. — The right to stay in the territory and not to be removed
therefrom. No ICCs/IPs will be relocated without their free and prior informed consent, nor through any
means other than eminent domain. Where relocation is considered necessary as an exceptional measure,
such relocation shall take place only with the free and prior informed consent of the ICCs/IPs concerned and
whenever possible, they shall be guaranteed the right to return to their ancestral domains, as soon as the
grounds for relocation cease to exist. When such return is not possible, as determined by agreement or
through appropriate procedures, ICCs/IPs shall be provided in all possible cases with lands of quality and
legal status at least equal to that of the land previously occupied by them, suitable to provide for their
present needs and future development. Persons thus relocated shall likewise be fully compensated for any
resulting loss or injury;
d) Right in Case of Displacement. — In case displacement occurs as a result of natural
catastrophes, the State shall endeavor to resettle the displaced ICCs/IPs in suitable areas where they can
have temporary life support systems: Provided, That the displaced ICCs/IPs shall have the right to return to
their abandoned lands until such time that the normalcy and safety of such lands shall be determined:
Provided, further, That should their ancestral domain cease to exist and normalcy and safety of the previous
settlements are not possible, displaced ICCs/IPs shall enjoy security of tenure over lands to which they have
been resettled: Provided, furthermore, That basic services and livelihood shall be provided to them to
ensure that their needs are adequately addressed;
e) Right to Regulate Entry of Migrants. — Right to regulate the entry of migrant settlers and
organizations into the domains;