NCIP welcomes its return to Office of the President

MANILA, Philippines - The National Commission on Indigenous Peoples (NCIP) welcomed yesterday the order of President Aquino placing them back under the Office of the President after the agency had been moved to the departments of Agrarian Reform (DAR) and of Environment and Natural Resources (DENR) in the past years.

“We are happy that President Aquino has restored the spirit of the Indigenous Peoples Rights Act (IPRA) and we are back to the original setup as provided by law,” lawyer Roque Agton, NCIP chairman, told The STAR.

Agton, a Bagobo tribal leader from Mindanao, said IPRA (Republic Act 8371), approved in 1997, was a landmark law that will address the plight of tribal communities.

IPRA created the NCIP – a quasi-judicial, quasi-legislative and executive body – to serve as the primary government agency tasked to protect and promote the interest of the natives regarding their beliefs, customs and traditions.

However, the agency was transferred to the control of the DAR, and later under the DENR, during the term of former President Gloria Macapagal-Arroyo.

During that time, the agency gained partial independence in deciding issues affecting cultural communities.

Environment Secretary Ramon Paje also welcomed the development, saying it is consistent with the law as it affirmed the commission’s original posting.

“We, in fact, wanted the NCIP under the OP for it to be better managed. Its head has the rank of a Cabinet secretary,” he said. “What we are aiming at now is to be able to harmonize the guidelines of the NCIP with that of the DENR concerning issues affecting the indigenous peoples.”

A welcome development

With the return to the Office of the President, the agency can now function fully and perform its mandate in accordance and consistent with the Medium Term Development Plan for Indigenous Peoples (MTDP-IT) and in consonance with the Millennium Development Goals of the government.

The agency was also able to set up the Ancestral Domain and Information System (ADIS) to fast-track transactions involving the country’s tribal communities, particularly in the issuance of Free and Prior Informed Consent (FPIC) to mining activities in the countryside.

“The ADIS is a web-based information system to manage the database of the indigenous people and their ancestral domain,” Agton said.

The system can be used to facilitate issuance of FPIC, preparation and submission of ancestral domain sustainable development, and issuance of the Certificate of Ancestral domain title, the land title issued to the ancestral lands of a certain tribe.

FPIC from the tribal group is required before mining or exploration activities are carried out in ancestral domains of the natives. It is also a requirement in undertakings regarding development of energy sources such as geothermal project.

The law requires companies to secure FPICs before they can start their projects in the hinterlands.

Agton said the agency would also continue the processing of ancestral domain claims of the tribal communities across the country.

To date, some four million hectares of ancestral lands were granted Certificate of Ancestral Land Title.

He said tribal groups, which comprise approximately 14 million or 14 percent of the country’s population, are scattered in the hinterlands of Luzon and Mindanao and some part of the Visayas.

The NCIP chairman said the situation of the indigenous people is a paradox considering that their ancestral domain abound with rich natural resources and diversity, yet they remain poor.

“They have mountains and forest but either they have to strengthen their capacity or skills to tap these natural resources or they are prevented from utilizing such by unscrupulous individuals and these have to be addressed,” Agton said. – Rhodina Villanueva