Reference no: EM133259821

Case: "Only a law of such breadth, depth and scope as R.A. 8371 can provide our indigenous peoples with the seeds of their empowerment and social equity." - These are the words of former Philippine President Fidel V. Ramos during the signing of the Indigenous Peoples' Rights Act on 29 October 1997. His statement underscores how comprehensive the IPRA is as it covers the rights of ICCs/IPs in the Philippines to self-determination in matters affecting them economically, politically, socially, and culturally. It is also the first legislative act in Asia that explicitly laid out provisions enforcing and protecting the rights of indigenous peoples after a long history of wrongs committed against them.
Legal Framework of IPRA

The IPRA, principally authored by the late Senator Juan Flavier, is the government's response to the clamor of ICCs/IPs in the country for a legal tool they can use to right the historical errors of the past and to defend themselves from the continuing aggression and discrimination by external forces. The creation of IPRA was also a realization of the mandate of the 1987 Constitution that orders the State to craft a policy for the benefit of ICCs/IPs. Below are the specific provisions in the 1987 Constitution upon which IPRA was constructed.

Section 22 of Article II (Declaration of Principles and State Policies)
The State recognizes and promotes the rights of indigenous cultural communities within the framework of national unity and development.

Section 5 of Article XII (National Economy and Patrimony)
The State, subject to the provisions of the Constitution and national development policies and programs, shall protect the rights of indigenous cultural communities to their ancestral lands to ensure their economic, social, and cultural well-being.

Section 6 of Article XIII (Social Justice and Human Rights)
The State shall apply the principles of agrarian reform or stewardship, whenever applicable in accordance with law, in the disposition or utilization of other natural resources, including lands of the public domain under lease or concession suitable to agriculture, subject to prior rights, homestead rights of small settlers, and the rights of indigenous communities to their ancestral lands.

Section 17 of Article XIV (Education, Science and Technology, Arts, Culture and Sports)
The State shall recognize, respect, and protect the rights of indigenous cultural communities to preserve and develop their cultures, traditions, and institutions. It shall consider these rights in the formulation of national plans and policies.
Noteworthy about the 1987 Constitution is that it showed a shift in policy "from assimilation and integration to recognition and preservation (Puno, 2008).

Question 1: In your opinion, what are the three most pressing issues facing ICCs/IPs in the Philippines that the government needs to address immediately through IPRA?

Question 2: What does self-determination mean? Why is this very important for ICCs/IPs?