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.
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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”.
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