An Assessment of the Indigenous Peoples Rights Act (R.A. 8371)

Abstract

The indigenous peoples in the country have been seeking recognition for their rights and to combat the growing marginalization in their existence as situated in the lowermost footage. This thesis is an assessment of how the framers of the society were able to harness the IP’s into the mainstream political system, specifically, the law that was created for them. In Chapter 1, frameworks, reviews of literature, and research processes are to be found establishing that in a complex society, the society to recognize the IP’s must have to consider both their beings as citizens of the country and their having a distinct community. In this specific instance we are limited, however, to assess its effectiveness is in the area of the Mangyans in Occidental Mindoro. The assessment is on whether TPRA is responsive of customary laws and its effectiveness on the serious problems of Mangyan. Important in assessing a law is its historical background, that is why Chapter 2 is a discussion of the historical background of IPRA. Here we can see that the IP’s had a long struggle from the colonial past to the present to protect their lands which ensured their protection. The laws prior to IPRA were not effective and so, that gave the rationale for its passage. This is followed by a brief discussion of IPRA’s provision — its framework and implementation of giving the IP’s preferential rights over ancestral domains and lands, self governance and empowerment, social justice and human rights, culture and integrity. TPRA also established the NCIP as the government’s agency handling the IP’s as well as the formation of free prior and informed consent (FPIC). These, moreover are embedded in the 1987 constitution. Chapter 4 is devoted to the assessment of IPRA in the specific instance of Occidental Mindoro, especially Sta. Cruz. In this chapter, we can see that the Mangyans of Sta. Cruz, Occidental Mindoro or even the totality of all the IP’s have been creating and shaping their attitudes primarily from their own culture and traditions. The way they behave could be inferred from the preservation of indigenous laws and practices which they have preserved for so long such as those concerning their beliefs, system of ownership, concept of land, governance, dispute settlement, economy and livelihood, and education. This is the traditional Mangyan, operating outside the mainstream system. However, their society is not static, it is evolving and creating transformations in their culture and cross-cultural contacts with the lowlanders. The chapter also shows that as indicated in IPRA, there is a determination on the attention of the part of government to really include the rights of the IP’s to self-determination via respecting their traditional cultures and traditions, but at the same time giving them the right to participate equally among their lowland counterparts. The best manifestation of this is their claim on land which was really given due recognition. Because of this the [P’s are becoming aware of their rights not only as members of a distinct community but also as citizens of a nation. However, together with this development in their attitudes and systems are the challenges and problems, the points established in Chapter 5. We have established that the law is in fact responsive to customary laws but the problem lies in the implementations of the law and on how it answers the pressing problems we have in the society. Drawing from this are the recommendations on how to make the law more effective.