The Indigenous Peoples Rights Act of 1997 (IPRA), officially designated as Republic Act No. 8371, is a landmark legislation in the Philippines that recognizes, promotes, and protects the rights of indigenous cultural communities and Indigenous peoples. This act serves as a beacon of hope for indigenous communities, providing them with a comprehensive framework that includes the recognition, protection, and promotion of their rights.
The Genesis of IPRA
The genesis of IPRA can be traced back to the early 20th century. In 1909, the case of Cariño vs. Insular Government recognized long occupancy of land by an Indigenous member of the cultural communities as one of private ownership. This case paved the way for the government to review the so-called “native title” or "private right".
In 1919, the Second Public Land Act was enacted, recognizing the right of ownership of any native of the country who, since July 4, 1907, or prior thereto, has continuously occupied and cultivated a tract of agricultural public land.
The Provisions of IPRA
The IPRA is a comprehensive legislation that covers a wide range of rights of the indigenous peoples. The Act recognizes and promotes the rights of Indigenous Cultural Communities/Indigenous Peoples (ICCs/IPs) within the framework of the Constitution.
The State recognizes its obligations to respond to the strong expression of the ICCs/IPs for cultural integrity by assuring maximum ICC/IP participation in the direction of education, health, as well as other services of ICCs/IPs, in order to render such services more responsive to the needs and desires of these communities.
The Act also recognizes the rights of ICCs/IPs to their ancestral domains to ensure their economic, social, and cultural well-being. It acknowledges the applicability of customary laws governing property rights or relations in determining the ownership and extent of ancestral domain.
The Impact of IPRA
The IPRA has had a profound impact on the lives of indigenous peoples in the Philippines. It has empowered them to claim their ancestral lands, preserve their cultures, traditions, and institutions, and participate in the nation’s development.
However, the implementation of the Act has not been without challenges. There are gaps in the law and issues with enforcement that need to be addressed. Despite these challenges, the IPRA remains a significant step towards the recognition and protection of the rights of indigenous peoples in the Philippines.
In conclusion, the Indigenous Peoples Rights Act of 1997 is a testament to the Philippines’ commitment to uphold the rights of its indigenous peoples. It serves as a reminder of the rich cultural diversity of the country and the importance of preserving and promoting this diversity for future generations.