IPs push NCIP revamp, titling of ancestral lands

By Gina Dizon

Indigenous peoples nationwide called for overhaul  of  the National Commission on Indigenous Peoples  (NCIP) for “lackluster and non- performance of its functions to uphold IP rights; apart from  holding a  controversial record on favouring  mining companies on the issuance of  free prior and informed consent  (FPIC) certificates while ignoring FPIC rights of IPs to their lands.”

In a petition paper forwarded to  President  Benigno Aquino 111, participants  called on  government   authorities  “to  revamp  the  NCIP  to remove those who have been proven to work against the rights and interests of IPs and support a  comprehensive  independent initiative to review the  implementation of the Indigenous Peoples Rights Act (IPRA).”

The IPs recently met in Quezon City August 8 in celebration of World Indigenous  Peoples Day.

Executive  director  Vicky  Tauli- Corpuz  of  the sponsoring organization Tebteba Foundation said the NCIP has failed to execute its functions  in favor of IP rights noting experiences  of  IP participants  and earlier studies  of the  University  of  the Philippines- Baguio  finding  NCIP to have failed in its  functions   to implement IPRA.

UP Baguio earlier conducted a review on NCIP wherein findings were presented to Philippine Congress during the World’s Indigenous Peoples Day 2012.  

This, as Koalisyon ng Katutubong Samahan ng Pilipinas (KASAPI)  executive director  Giovanni Reyes of the KASAPI asked some 200 members gathered during the event if “NCIP finally abdicated its responsibility to IPs”.

Reyes focused his question on the slow issuance of certificates of ancestral domain titles (CADTs) since NCCP was created 14 years ago in the   adoption of the Indigenous Peoples Rights Act (IPRA) in 1997.

Reyes in his reference to  NCIP’s record as of  December 2010 with “probably its worst record in the past three years” ,  noted that only  156 certificates of ancestral domain title (CADT) were issued to  clans  composing   4.3 million hectares  of  which only 37 CADTs were registered   composing  936 hectares. 

There are an estimated 7.5 million hectares of the coverage of IP lands in the country spread out in IP territories in the Cordillera and other parts of Luzon, and a sizable number of IPs from Mindanao and some in the Visayas.   

Some CADTs and CALTs  issued by  NCIP has been contested by opposing private claimants due to questionable  processes ignoring indigenous processes, urging participants to call on government to fast track legitimate CADTS  and a review of the issuance of certificate of ancestral land titles (CALTs)  to private individuals.  

Reyes mentioned the ironical quick issuance of FPIC certificates favouring mining companies as compared to slow issuance of CADTS  to IP's.

Cordillera Peoples Alliance chairman Windel Bolinget said NCIP failed to implement IP rights on their free prior and informed consent to projects that enter their communities.

In a separate press conference, Reyes called for the declaration of all NCIP positions vacant for a re assessment of the criteria for applications to jobs positions of said commission to include bureau directors and even commissioners.

Rep.Teddy Baguilat from Ifugao and former chairman of the congressional committee on national minorities said the problem is structural aside from the persisting issue on non –performing personnel of NCIP.  

In the same event,  participants  questioned  the  process by which NCIP conducts its mandate to facilitate IP representative  positions to  sangguniang bodies   as per Memorandum  Circular  2010-119  providing mandatory representation of indigenous cultural communities/ indigenous peoples  in policy making bodies and other local   legislative councils issued by the  Department of Interior and Local Government (DILG).

The DILG Circular adopted National Commission on Indigenous Peoples (NCIP) Administrative Order No 001 series of 2009 setting national guidelines for the mandatory representation of indigenous peoples in local legislative councils.  IPRA provides in section 16 that “the State shall ensure that ICCs/IPs shall be given mandatory representation in policy making bodies.”

Vice chieftain Marjorie Dulnuan of  Nueva Ecija said that  IP representative  positions in the municipal Sanggunian of Palayan of the  municipality had been filled up by  Nueva Ecija  NCIP provincial  director  Dario Saw-an   reportedly appointing  a certain Patricio  Fernandez without  barangay constituents’ knowledge  and thus  ignoring IP participation in the  process.    

In same  event, Dulphing  Ogan, convenor of  the Kalipunanng  mga Katutubong Mamayan ng Pilipinas  (KAMP)  said  municipal  chieftain Rafael Lantingan  of  Saranggani, Davao del Sur  reportedly placed himself as the municipal IP representative  which led Lumakas an IP  organization of the Blaan tribe in Saranggani, calls  to unseat  Lantingan. 

Ogan called on the DILG and the NCIP  to facilitate indigenous processes  in the selection of an IP representative in sangguniang bodies in accordance with the NCIP-DILG circular.