NCIP, DENR push review of law on ancestral lands

BAGUIO CITY – The National Commission on Indigenous People and the Department of Environment and Natural Resources in the region are pushing for a congressional review of the Indigenous People Rights Act (IPRA) and its implementing rules and regulation (IRR).

In a media forum to launch Indigenous Peoples Month this October , NCIP regional director Amador Batay-an said there are loopholes in this 13-year-old law that need to be addressed in order for the NCIP and other government agencies to fully implement its provisions and push for rights and development of IPs and their communities.

According to Batay-an, since the IPRA was enacted into a law in 1997, Cordillerans are now getting more aware of their rights especially on ownership of their lands, collectively and individually.

However, there are some provisions of the IPRA which are not consistent with that of other laws on ancestral lands and domains.

He cited the Free-Prior and Informed Consent or FPIC process. ‘There is a misunderstanding between the (law) proponents and the IP communities in terms of the matter on determining who really have the right to give the FPIC.”

Batay-an said there are efforts to “harmonize” functions between the NCIP, the Department of Natural Resources and other national government agencies in relation to the implementation of IPRA, though a legislative enactment would be a big help in further pushing development of IPs and IP communities.

In the same forum, DENR regional executive director Clarence Baguilat agreed a review of the IPRA was needed.

Baguilat said the DENR had been streamlining its transaction processes including the giving of Environmental Compliance Certificates for areas covered by ancestral domain, though there were still problems with IPs.

“No matter how we streamline, problem still arises on how we go about the FPIC. Questions always come out on who really have the right to give the consent. Sometimes there are IPs involved who are not even indigenous to the area,” Baguilat said. – Lito Dar