IPs push NCIP revamp, titling of ancestral lands
>> Tuesday, August 20, 2013
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.
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