PLANNING FOR SPACES WITH ANCESTRAL DOMAIN

Plan 203 - Land Use Planning

Apple PosadasEllen Legaspi

Cecil VillanuevaArce Fajardo

Prof. Mark Morales, Arch. EnP

PLANNING FOR SPACE WITH ANCESTRAL DOMAIN

PLANNING FOR SPACES WITH ANCESTRAL DOMAINS

I INTRODUCTION: Definition and Global Context of Ancestral Land or Domain

II. PHILIPPINE SETTING: IPRA and Relevant LawsADSDPP,

III. CASE STUDIES and Best PracticesIV. MOVING FORWARD

INTRODUCTION

PLANNING FOR SPACES WITH ANCESTRAL DOMAINSINTRODUCTIONGlobal Context: Ancestral Domain

No exact definition of Ancestral DomainsReferred to as Ancestral LandsDefinition

Lands on which Indigenous Peoples have lived since time immemorial and which have contributed to their distinct social and cultural identity

*Stavenhagen, Rodolfo. Indigenous Peoples: Land, Territory, Autonomy, and Self Determination

PLANNING FOR SPACES WITH ANCESTRAL DOMAINSINTRODUCTIONGlobal Context: Indigenous Peoples

*Martinez-Cobo, 1984.

those which have a historical continuity with pre-invasion and pre-colonial societies that developed on their territories

non-dominant sectors of societydetermined to preserve, develop, and transmit to

future generations their ancestral territories, and their ethnic identity…in accordance with their own cultural patterns, social institutions and legal systems


*Definition and Delimitation of the Indigenous Peoples of Asia", by Tapan Bose

THE FIRST PEOPLE the first settlers in the country, with other names such as

aborigines CULTURAL DIFFERENCE

groups that clearly distinguish themselves in a socio-cultural context from the surrounding population

those who used to inhabit, continue to inhabit, and wish to keep their strong attachment to a defined territory


*Definition and Delimitation of the Indigenous Peoples of Asia", by Tapan Bose

Number of Indigenous Peoples all over the world

Embody and Nurture

of the world’s cultural and biological diversity

Occupy of the world’s land surface



Common culture & language

Common spiritual

ideas

Respect for the earth

Historical and spiritual link

Source of livelihood and sustenance

Social identification

Distinct ethnic

identity



Common culture & language

Common spiritual

ideas

Respect for the earth

Historical and spiritual link

Source of livelihood and sustenance

Social identification

Distinct ethnic

identity

PROTECT AND

PRESERVE!!!


INTRODUCTIONGlobal Context: Cases


WHO WHEN WHERE WHAT STATUSBushmen in Botswana

Mid 1990s to 2011

Central Kalahari Game Reserve

unconstitutional relocation policy (gov’t vs. Bushmen)

Bushmen won & returned government paid costs

Cambodians

2001 Cambodia illegal logging 2011 land law grants IPs collective ownership (rights and protection)

Ibans Past 150 years

Sarawak, Malaysia

land dev’t policies and regulations clashed with Iban’s native land tenure system

resettlement and compensation to displaced Ibans unsatisfied Ibans; Sarawak gov’t failed to learn from locals

PLANNING FOR SPACES WITH ANCESTRAL DOMAINSINTRODUCTIONGlobal Context: Problems and Issues


economic interests often succeed in turning communal possession into private propertylogging, mining, land other exploitative activities

Southeast AsiaNon-recognition of customary land rightsno legal rules granting indigenous peoples the right to

their landInfrastructure programs by national governmentsSpiritual link by IPs to their homelands are often

misunderstood and ignored by non-IPs and in existing land-related legislation

PLANNING FOR SPACES WITH ANCESTRAL DOMAINSINTRODUCTIONGlobal Context: Problems and Issues


“The fundamental root source of conflict between indigenous peoples, on the one hand,

and states and non-indigenous entities andindividuals, on the other, is their differing views

as to which actor possesses valid title to the land and resources, located in territories

traditionally occupied by indigenous groups”

- Martinez, 2004

PHILIPPINE SETTING


comprise the third territorial matrix upon which land use planning can take root in the Philippines. Being the latest among the property domains to will not be an easy host for land use planning to establish. (Serote, 2004)

PHILIPPINE SETTINGAncestral Domain


PHILIPPINE SETTINGIndigenous Peoples

*NCIP. 2009

Estimated population of IPs In the Philippines

Present in provinces in the Philippines

Of total population of the Philippines


PHILIPPINE SETTINGGeographic Distribution

Distribution of IPs in the Philippines

* Cariño, Jacqueline K. Country Technical Notes on Indigenous Peoples’ Issues. January 2010


claim ownership over lands, bodies of water traditionally and actually occupied by ICCs/IPs, sacred places, traditional hunting and fishing grounds, and all improvements made by them at any time within the domains

Sarangani Bay called Bulol Kilot is claimed by the indigenous Blaans as a permanent resting place for almagol (soul). (Sexcion, 2009)

PHILIPPINE SETTINGRights of IPs to Ancestral Domain

*Serote, 2004.

OWNERSHIPDEVELOP LANDS &

NATURAL RESOURCES

STAY IN TERRITORIES

RESETTLEMENT WHEN DISPLACEDREGULATE ENTRY

OF MIGRANTSSAFE AND CLEAN

AIR & WATERCLAIM PARTS OF RESERVATIONS

RESOLVE CONFLICTS


develop, control and use lands and territories traditionally occupied, owned, or used;

manage and conserve natural resources within the territories and uphold the responsibilities for future generations;

benefit and share the profits from allocation and utilization of the natural resources found therein

Lake Sebu of the T’boli and Ubo Tribes – One of the most important supplies of water for irrigation in the provinces of South Cotabato and Sultan Kudarat


*Serote, 2004.


NATURAL RESOURCES

STAY IN TERRITORIES




RESOLVE CONFLICTS


right to negotiate the terms and conditions for the exploration of natural resources

right to an informed and intelligent participation in the formulation and implementation of any project, government or private

right to effective measures by the government to prevent any interfere with, alienation and encroachment upon these rights

MT. PULAG GARDENS. The national park’s mossy forests are threatened by encroachment of vegetable gardens. Reyes 2008


*Serote, 2004.


NATURAL RESOURCES

STAY IN TERRITORIES




RESOLVE CONFLICTS


right to stay in the territory and not be removed therefrom No ICCs/IPs will be relocated without their free and prior

informed consent, nor through any means other than eminent domain.

Requisites when relocation is necessary: free and prior informed consent of the ICCs/Ips guaranteed the right to return When return is not possible, ICCs/IPs shall be provided

lands of quality and legal status at least equal to that of the land previously occupied by them + full compensation

Aetas get 15,860 hectares of ancestral lands on Mount Pinatubo


*Serote, 2004.


NATURAL RESOURCES

STAY IN TERRITORIES




RESOLVE CONFLICTS


In case of natural calamities, state shall endeavor to resettle the displaced ICCs/IPs in suitable areas where they can have temporary life support system

displaced ICCs/IPs shall have the right to return to their abandoned lands until such time that the normalcy and safety of such lands shall be determined

Aetas resettlement area Botolan Zambales (Haour-Hidalgo 2006)


*Serote, 2004.


NATURAL RESOURCES

STAY IN TERRITORIES




RESOLVE CONFLICTS


Gambang folks expressing their firm stand against Royalco mining exploration during the supposed Congressional inquiry in Gambang, Proper, Bakun, Benguet


*Serote, 2004.


NATURAL RESOURCES

STAY IN TERRITORIES




RESOLVE CONFLICTS


access to integrated systems for the management of their inland waters and air space


*Serote, 2004.


NATURAL RESOURCES

STAY IN TERRITORIES




RESOLVE CONFLICTS

for various purposes, except those reserved and intended for common and public welfare and service


in accordance with customary laws of the area where the land is located

only in default shall the complaints be submitted to amicable settlement and to the Courts of Justice whenever necessary.

Management of Clan Conflict and Rido among the Tausug, Maguindanao, Maranao, Sama and Yakan tribes Durante 2005


*Serote, 2004.


NATURAL RESOURCES

STAY IN TERRITORIES




RESOLVE CONFLICTS


National Commission on Indigenous Peoples (NCIP)

Rules and regulations implementing republic act no. 8371, otherwise known as “the indigenous peoples’ rights act of 1997”

PHILIPPINE SETTINGRelevant Laws

*Serote, 2004.


October 1997 then President Fidel V. Ramos

An act to recognize, protect and promote the rights of indigenous cultural communities/indigenous people

creating a national commission of indigenous people

establishing implementing mechanisms, appropriating funds and for other purposes

Delineation and Recognition of Ancestral Domains

PHILIPPINE SETTINGRelevant Laws

*Serote, 2004.


Measures shall be taken in appropriate cases to safeguard the rights of the ICCs/IPs concerned to land which may no longer be exclusively occupied by them, but to which they have traditionally had access.

Self-delineation shall be guiding principle in the identification and delineation of ancestral domains

The Sworn Statement of the Elders as to the Scope of the territories and agreements/pacts made with neighboring ICCs/IPs, if any, will be essential to the determination of these traditional territories.

PHILIPPINE SETTINGDelineation & Recognition of Ancestral Domains


provisions hereunder shall not apply to ancestral domains/lands already delineated according to DENR Administrative Order No. 2, series of 1993, nor to ancestral lands and domains delineated under any other community/ancestral domain program prior to the enactment of his law

PHILIPPINE SETTINGDelineation Process (IPRA Law)Ancestral domains

delineated prior to IPRA LAW

Petition for

delineation

Delineation Paper

Proof Required

Preparation of Maps

Report of Investigation

and other Documents

Notice and

publication

Endorsement to NCIP

Turnover of areas w/in ancestral domains

Issuance of CADT

Registration of CADTs before

Register of Deeds


provisions hereunder shall not apply to ancestral domains/lands already delineated according to DENR Administrative Order No. 2, series of 1993, nor to ancestral lands and domains delineated under any other community/ancestral domain program prior to the enactment of his law



Petition for

delineation

Delineation Paper

Proof Required

Preparation of Maps


and other Documents

Notice and

publication

Endorsement to NCIP


Issuance of CADT


Register of Deeds


may be initiated by the NCIP with the consent of the ICC/IP concerned

or through a Petition for Delineation filed with the NCIP, by a majority of the members of the ICCs/IPs



Petition for

delineation

Delineation Paper

Proof Required

Preparation of Maps


and other Documents

Notice and

publication

Endorsement to NCIP


Issuance of CADT


Register of Deeds


Ancestral Domains Office prepares official delineation of ancestral domain boundaries including census of all community members



Petition for

delineation

Delineation Paper

Proof Required

Preparation of Maps


and other Documents

Notice and

publication

Endorsement to NCIP


Issuance of CADT


Register of Deeds




Petition for

delineation

Delineation Paper

Proof Required

Preparation of Maps


and other Documents

Notice and

publication

Endorsement to NCIP


Issuance of CADT


Register of Deeds Written accounts of the ICCs/IPs customs and traditions, political structure and institution Pictures showing long term occupation such as those of old improvements, burial grounds,

sacred places and old villages, descriptive histories Historical accounts, including pacts and agreements concerning boundaries entered into by

the ICCs/IPs concerned with other ICCs/IPs Survey plans and sketch maps, Anthropological data, Genealogical surveys;


Ancestral Domains Office of the NCIP shall prepare a perimeter map, complete with technical descriptions, and a description of the natural features and landmarks embraced therein



Petition for

delineation

Delineation Paper

Proof Required

Preparation of Maps


and other Documents

Notice and

publication

Endorsement to NCIP


Issuance of CADT


Register of Deeds


Ancestral Domains Office of the NCIP prepares complete copy of the preliminary census and a report of investigation



Petition for

delineation

Delineation Paper

Proof Required

Preparation of Maps


and other Documents

Notice and

publication

Endorsement to NCIP


Issuance of CADT


Register of Deeds


copy of each document, including a translation in the native language should be posted on the following for a specified length of time prominent place published in a newspaper of general circulation,



Petition for

delineation

Delineation Paper

Proof Required

Preparation of Maps


and other Documents

Notice and

publication

Endorsement to NCIP


Issuance of CADT


Register of Deeds


Chairperson of the NCIP shall certify that the area covered is an ancestral domain Secretaries of relevant gov’t agencies will be notified CADT is issued and ready for registry at register of deeds



Petition for

delineation

Delineation Paper

Proof Required

Preparation of Maps


and other Documents

Notice and

publication

Endorsement to NCIP


Issuance of CADT


Register of Deeds


Delineation of boundaries

Understanding & respecting customs, laws and cultural integrity of IP’s

Overlap of government agencies handling such issues (DAR, DENR, NCIP)

Idle lands that are supposed to be productive

Tribal disputes/abuse

PHILIPPINE SETTINGDifficulties of LUP for Ancestral Domains

PLANNING FOR SPACES WITH ANCESTRAL DOMAINSAncestral Domain Sustainable Development and Protection Plan (ADSDPP)Guidelines On The Formulation Of Ancestral Domain SustainableDevelopment And Protection Plan (Adsdpp) Pursuant To NationalCommission On Indigenous People (Ncip) Administrative Order

No. 1, Series Of 2004a. Pre-Planning Consultations. In preparation for the ADSDPP

formulation, a series of consultations shall be conducted by the NCIP field office with the following objectives:

1. Fully inform and educate all IC/IP community members of their rights and

responsibilities pursuant to existing policies and regulations.2. Get the commitment of concerned IC/IP community members

to formulate their ADSDPP.3. Identify members of the working group to formulate the

ADSDPP.


b. Organization of the Working Group/Planning Team. A Working Group or Planning Team shall be organized which shall comprise the traditional leaders and recognized representatives from all ICC/IP sectors such as the women, youth, children, farmer/ fisher folks of the tribe that owns the ancestral domain.

Ancestral Domain Sustainable Development and Protection Plan (ADSDPP)

PLANNING FOR SPACES WITH ANCESTRAL DOMAINSAncestral Domain Sustainable Development and Protection Plan (ADSDPP)

c. Preparation of Work and Financial Plan (WFP). Prior to the formulation of the ADSDPP, the core Working Group (WG) shall prepare a work and financial plan indicating the planning activities, specific outputs, schedules, responsible persons/groups per activity and the budgetary requirements including probable resources or sources of funds.

PLANNING FOR SPACES WITH ANCESTRAL DOMAINSAncestral Domain Sustainable Development and Protection Plan (ADSDPP)d. Data Gathering and Assessment. Data gathering or

baseline survey and assessment is the preliminary step in the planning process to produce the ancestral domain profile and situationer.


e. IP/AD Development Framework Formulation. Immediately after the validation of the assessed data, the community shall collectively formulate the framework for their development as a people and the sustainable development and protection of their ancestral domain.

PLANNING FOR SPACES WITH ANCESTRAL DOMAINSAncestral Domain Sustainable Development and Protection Plan (ADSDPP)f. Interface of IP/AD Development Framework with

Existing Government Policies/Plans/Programs/Projects, Rules and Regulations. After completion of the IP/AD development framework, other government and non-government agencies, most crucial of which are the DENR, DA, DAR, DPWH, and so forth shall be invited to present their existing policies/plans/programs/projects so that ICCs/IPs will be fully apprised of development opportunities as well as limitations.

PLANNING FOR SPACES WITH ANCESTRAL DOMAINSAncestral Domain Sustainable Development and Protection Plan (ADSDPP)g. Program/Project Identification and

Prioritization. Based on the development framework, programs/projects/activities including basic services required shall be identified and prioritized


h. Formulation of ADSDPP Implementation Strategies and Management Plan. Proposed plans to implement and manage the ADSDPP and its specific parts shall be indicated to include the monitoring and evaluation systems and tools to be used in measuring and checking the progress of development programs and projects


i. Presentation, Validation and Approval of Draft ADSDPP with IC/IP Community Members. The working group shall conduct IC/IP community assembly(ies) to present the draft ADSDPP for their validation and approval.


j. Submission of ADSDPP to NCIP. Upon validation and approval, the community through its Council of Elders/Leaders shall submit the ADSDPP to the NCIP through the Provincial Office (PO). The ADSDPP shall be incorporated into the Medium Term or Five Year Master Plan for ICCs/IPs, which shall be the basis of programs/projects to be identified in the annual and medium term budgetary proposals of the NCIP as well as other agencies concerned with the welfare of ICCs/IPs.

PLANNING FOR SPACES WITH ANCESTRAL DOMAINSAncestral Domain Sustainable Development and Protection Plan (ADSDPP)Section 9. Incorporation of the

ADSDPP into the Local Government Plans. After approval of their ADSDPP, the ICCs/IPs shall submit the same to the municipal and provincial government units having territorial and political jurisdiction over them for incorporation in their development and investment plans. The LGUs are also encouraged to provide financial and technical assistance in the implementation of the ICCs/IPs development plans

CASE STUDY: Communal Land Management in the Cordillera

Region of the PhilippinesLorelei Crisologo-

MendozaJune Prill-Brett

Chapter 2, Land and Cultural Survival: The

Communal Land Rights of Indigenous Peoples in

Asia, ADB, 2009

PLANNING FOR SPACES WITH ANCESTRAL DOMAINSCASE STUDYIndigenous Communities in the Cordilleras

Muyong in Ifugao

Batangan of Sagada, Mountain Province

Kijuwan of Benguet

Lapat of Abra

PLANNING FOR SPACES WITH ANCESTRAL DOMAINSCASE STUDYIndigenous Communities in the Cordilleras

Muyong

Batangan

Kijuwan

Lapat


1. link between land conservation and indigenous peoples, as “they would be better ecological managers” (Leonen 1998)

2. “Open Access” tendencies

3. identification and delineation of ancestral domains

4. the tilt toward individual ownership of common resources

5. The Right to Say No to Development Projects

CASE STUDYIssues and Concerns


1. DILG MC 2010-119 mandating the “representation of Indigenous Cultural

Communities or Indigenous Peoples in Policy-making bodies and other local legislative councils” with the intention of addressing concerns on proper representation in planning and policy making

2. Joint Circular No. 01-2012 issued by the DENR, DAR, NCIP and DILG

functions and jurisdictional dileneations might solve the question of adjudicating competing

claims to exercise authority over the ancestral domain

CASE STUDYRecent Policies to Address the Issues

MOVING FORWARD


MOVING FORWARD


Who: Indigenous Organizations and Individuals

What: Conflicting LawsWhere: Celebration of the World’s Indigenous

Peoples’ Day in the Philippines held at the University Hotel, UP Diliman Campus, Quezon City

When: 9th day of August 2010

Even with the passage of IPRA, the collective rights of indigenous peoples continue to be violated due to the conflictinglaws and policies pertaining to ownership, control, management and development of land and resources.

MOVING FORWARDIPs Agenda 2010


Laws like the Mining Act of 1995, Forestry Code, Fisheries Code, and NIPAS Act, among others, create loopholes and allow extractive industries and government agencies to violate and dilute the rights of Indigenous Peoples vested by the IPRA.

Resolution : call for a review of laws in conflict with IPRA and the UN Declaration on the Rights of Indigenous Peoples (UNDRIP) in order to ensure the respect, recognition, protection and fulfillment of the individual and collective rights of indigenous peoples.

Indigenous Peoples' Agenda: A Challenge to the New Administration Under the Leadership of President Benigno Simeon Aquino III, 2010

MOVING FORWARDIPs Agenda 2010


Who: Asian Centre for Human RightsWhat: Conflicting Laws, NCIPWhere: New Delhi-110058, IndiaWhen: Novermber 2003

Take necessary measures to address the conflict between the IPRA and Mining Act of 995 and to ensure that in case of conflict the IPRA prevails over the Mining Act of 1995 (IFUGAO Representative Baguilat with Bayan Muna party-list Representative Casiño and other mining advocates are currently preparing reports on mining and its impact to indigenous communities to further strengthen and substantiate the call for moratorium on mining * Bitog 2011)

MOVING FORWARDAsian Centre for Human Rights 2003


Take effective measures to increase the capacity of NCIP in terms of adequate institutional, human and financial resources including fully qualified staff to deal with development and human rights issues in defense of indigenous communities including speeding up the process of delineation of ancestral territories; and

MOVING FORWARDAsian Centre for Human Rights 2003


Who: Australian Human Rights CommissionWhat: How could we improve human rights protections

for Indigenous Australians?Where: Let’s Talk About Rights National Human Rights

Consultation ToolkitWhen: February 2009Establishing a National Indigenous Representative Body*Engaging in consultations on the future establishment of a

Social Justice package or framework agreement process* Adopting national plans to address racial discrimination

and vilification*Developing a national public education program about

human rights, with a focus on the human rights of Indigenous peoples.*

MOVING FORWARDAustralian Human Rights Commission

END OF PRESENTATION

PLANNING FOR SPACES WITH ANCESTRAL DOMAINS References:1. Serote, Ernesto M. 2004 Property, Patrimony and Territory: foundations

of Land Use Planning in the Philippines, Quezon City2. Sexcion, Cocoy 2009. Alabel, Sarangani, Mindanao Magazine: Sarangani

Information Office as retrieved from http://photoblog.mindanao.com/2009/10/sacred-place/ on 15 February 2012

3. Maranga, Mark Anthony 2010. Lake Sebu, South CotobatoPhilippines Travel Guide as retrieved from http://www.markmaranga.com/lake-sebu-south-cotobato/ on 15 February 2012

4. Lorenzo, Isa and Ney, Philip 2008. After Marcopper: The Canadian quandary, Philippine Center for Investigative Journalism as retrieved from http://pcij.org/stories/the-canadian-quandary/ on 15 February 2012

5. The Philippine Environmental Governance Project 2009. Community sewage management project raises waste management awareness among Lake Sebu indigenous people as retrieved from http://ecogovproject.denr.gov.ph/docs/Story_Community_sewage_mgmt_proj.htm on 15 February 2012

6. Reyes, Cye 2008. Mt. Pulag Gardens Northern Dispatch (nordis) Weekly as retrieved from http://www.nordis.net/?p=3139 on 15 February 2012


References:7. Miclat, Aurea 2010. Aetas get 15,860 hectares of ancestral lands

on Mount Pinatubo Project Development Institute, Solidarity Philippines Australia Network (SPAN) as retrieved from http://cpcabrisbane.org/Kasama/2010/V24n1/Aetas.htm on 15 February 2012

8. Haour-Hidalgo, Daphne 2006. Travelling Cam; Here and there with a camera: Botolan as retrieved from http://travellingcam.wordpress.com/category/philippines/zambales/botolan/ on 15 February 2012

9. Sinumlag, Alma B. 2011. Bakun folk heightens struggle to defend land Northern Dispatch (nordis) Weekly as retrieved from http://www.nordis.net/?p=9395 on 15 February 2012

10. Durante, Ofelia 2005. A Lesson on Clan Conflict Resolution in the Philippines, Research Centers of Ateneo de Zamboanga University and Notre Dame University as retrieved from http://cpcabrisbane.org/Kasama/2005/V19n3/OfeliaDurante.htm on 15 February 2012

11. Cariño, Jacqueline K. Country Technical Notes on Indigenous Peoples’ Issues. January 2010,

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