the JAO has caused serious delays in the processing of ancestral domain titles,
leading to further encroachment of other property claimants into ancestral
domains. Moreover, conflict management and resolution mechanisms on the
ground have been absent or else ineffective.
Meanwhile, the DAR should also cancel all CLOAs that have been issued within
ancestral domains. For newly-transferred farmers under CARP, they should
be relocated and awarded with lands outside the ancestral domain. For longstanding non-IP settlers, they should (as precondition for staying on the land): (a)
agree not to expand their currently cultivated areas and coverage; (b) recognize
the native title and rights of the indigenous cultural community (ICC) over the
land; and, (c) negotiate with the IPs/ICC for usufruct rights in accordance with
the ADSDPP. The DAR should assist non-IP settlers in this negotiation process.
Ensure adequate representation of indigenous peoples in the drafting of the
Implementing Rules and Regulations (IRR) of the new E-NIPAS Act of 2018. Some
92 percent of existing national parks overlap with CADTs, yet the management
of National Integrated Protected Areas System (NIPAS) areas within ancestral
domains remains unclear. The new E-NIPAS law recognizes the role of IPs in
the governance of protected areas. As such, this provides an opportunity for
government and indigenous people to discuss the specific mechanisms (through
the IRR) regarding the management of national parks or E-NIPAS areas.
For Congress to legislate the Indigenous Community Conserved Areas (ICCA)
Bill (HB115) into law, to provide for a system of recognition, registration, and
promotion of ICCAs for biodiversity conservation and protection of the country’s
key biodiversity areas. Some 75 percent of the 128 identified key biodiversity
areas of the Philippines lie within the traditional lands of indigenous peoples.
As such, an ICCA law will serve to strengthen both IPRA and the NIPAS Act (as
amended by E-NIPAS, or RA 11038).
Finally, stop mining and other destructive forms of natural resources exploration,
development, and utilization within ancestral domains.
On fisherfolk tenure rights under the Fisheries Code
For LGUs to complete and finalize the delineation of all municipal waters. While the
delineation of municipal waters remains a main task and legal mandate of LGUs,
other government agencies need to push this process, e.g.:
34
Status of Land and Resource Tenure Reform in the Philippines 2018
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