NCIP under President’s Office a boon or a bane?

EDITORIAL

The order of President Aquino placing the National Commission on Indigenous Peoples back under the Office of the President could be a boon or a bane depending on how Malacanang would handle issues or policies related to the NCIP.

This, considering that the agency had been under the departments of Agrarian Reform (DAR) and of Environment and Natural Resources (DENR) the past years.

According to lawyer Roque Agton, NCIP chairman and Bagobo tribal leader from Mindanao, the “restoration” was in line with the spirit of the Indigenous Peoples Rights Act (IPRA) as the agency is back to its original setup as provided by law.

The IPRA (Republic Act 8371), approved in 1997, aimed to address plight of tribal communities. IPRA created the NCIP, a quasi-judicial, quasi-legislative and executive body, to serve as primary government agency tasked to protect and promote the interest of indigenous peoples regarding their beliefs, customs and traditions.

The agency was transferred to the control of the DAR and later under the DENR, during the term of former President Gloria Macapagal-Arroyo. During that time, the agency gained partial independence in deciding issues affecting cultural communities.

Environment Secretary Ramon Paje also welcomed the “return” of the NCIP to the Office of the President saying it is consistent with the law as it affirmed the commission’s original posting saying, the agency could now be better managed. The NCIP head has the rank of a Cabinet secretary.

Paje’s concern is harmonizing guidelines of the NCIP with that of the DENR concerning issues affecting indigenous peoples. But with reports that Paje would be replaced as DENR chief, it remains to be seen if his successor would fare better.

With the NCIP’s return to the Office of the President, Malacanang drumbeaters are saying the agency can now function fully and perform its mandate in accordance and consistent with the Medium Term Development Plan for Indigenous Peoples (MTDP-IT) and in consonance with the Millennium Development Goals of the government.

The agency reportedly earlier set up the Ancestral Domain and Information System (ADIS) to fast-track transactions involving the country’s tribal communities, particularly on issuance of Free and Prior Informed Consent (FPIC) to mining activities in the countryside.

The ADIS is a web-based information system to manage the database of the indigenous people and their ancestral domain, Agton said. The system can reportedly be used to facilitate issuance of FPIC, preparation and submission of ancestral domain sustainable development, and issuance of the Certificate of Ancestral domain title, the land title issued to the ancestral lands of a certain tribe.

FPIC from tribal group is required before mining or exploration activities are carried out in ancestral domains of the natives. It is also a requirement in undertakings regarding development of energy sources such as geothermal projects. The law requires companies to secure FPICs before they can start their projects in the hinterlands.

Agton said the agency would continue processing ancestral domain claims of tribal communities across the country. To date, some four million hectares of ancestral lands were granted Certificate of Ancestral Land Title.

Tribal groups, which comprise approximately 14 million or 14 percent of the country’s population, are scattered in hinterlands of Luzon and Mindanao and part of the Visayas.

The NCIP chairman said the situation of indigenous people is a paradox considering that their ancestral domain abounds with rich natural resources and diversity, yet they remain poor.

According to Agton, indigenous peoples have mountains and forests but either they have to strengthen their capacity or skills to tap these natural resources or they are prevented from utilizing such by unscrupulous individuals and these have to be addressed.

Now, the ball is in the hands of the Office of the President in determining the proper course for the NCIP to take in forwarding indigenous people’s rights.

Let us see if the “tuwid na daan” policy would be applied in this case considering there are still a lot of carpetbaggers in government who could take advantage of their positions for vested interests at the expense of indigenous peoples.