Thus, there is no provision for reparations in the IPRA. The IPs are expected to find financing for the ADSDPP other than State sources. The IPRA conferred no right to access state funds for domain development either in the concept of reparations or as remedial development assistance. The National Land Use Bill which has yet to pass into a law, provides some access to public funds by mandating the incorporation of the ADSDPPs into the local governments’ comprehensive land use plans. Otherwise, no funds access has been provided by the State to the IP apart from the funding for delineation given to the NCIP whose power to award titles has now been undermined by JAO 1, Series of 2012. In assessing IP rights, it must be inquired into whether local and national government projects have complied with the obligation to secure the FPIC requirements and whether IPs have enjoyed priority rights in developing their ADs and received an equitable share in the revenues and profits of such projects. 9 It must be determined whether the State duty bearer is addressing the collective rights and not just individual rights to health, education, social security, employment that are rights enjoyed by all citizens, regardless of indigeneity. The title instrument CADT (Certificate of Ancestral Domain Title) is made a pre-condition for enjoying some measure of benefit from resources within the domains while the competing claims emanating from other government tenurial instruments such as the Industrial Forest Management Agreements (IFMAs) issued by the DENR, or the Certificate of Land Ownership (CLOA) of the Department of Agrarian Reform continue unabated and registration of CADT is held in abeyance indefinitely under the JAO 1 Series of 2012 while government agencies “reconcile” their competing mandates. This was amply demonstrated to the CHR during the Inquiry. JAO 1 Series of 2012’s effects of indefinite stoppage of any further issuance of CADTs strongly suggests to the CHR that the State has not fully abandoned its regalian claim to ancestral domains notwithstanding IPRA and fails in its duty to realize IP aspirations through the promotion of collective rights. 9 The IPRA Sec. 7 (b) provides IPs priority rights in development of natural resources found within their ADs. “(B) Right to Develop Lands and Natural Resources. Subject to Section 56 hereof, right to develop, control and use lands and territories traditionally occupied, owned or used; to manage and conserve natural resources within the territories and uphold the responsibilities for future generations; to benefit and share the profits from allocation and utilization of natural resources found therein; the right to negotiate the terms and conditions for the exploration of natural resources in the areas for the purpose of ensuring ecological, environmental protection and conservation measures, pursuant to national and customary laws; the right to an informed and intelligent participation in the formulation and implementation of any project, government or private, that will affect or impact upon the ancestral domains and to receive just and fair compensation for any damages which they may sustain as a result of the project, and the right to effective measures by the government to prevent any interference with, alienation and encroachment upon these rights”. Page | 9

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