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Indigenous Peoples' Rights Act of 1997

RA 8371 · 1997 · Indigenous peoples and ancestral domains

Source checked. This copy does not establish whether a provision is current, amended, or controlling. Extracted text may contain scanning errors; compare it with the original.

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resources, and lands which may no longer be exclusively occupied by ICCs/IPs but from which they traditionally had access to for their subsistence and traditional activities, particularly the home ranges of ICCs/IPs who are still nomadic and/or shifting cultivators; b)              Ancestral Lands — Subject to Section 56 hereof, refers to land occupied, possessed and utilized by individuals, families and clans who are members of the ICCs/IPs since time immemorial, by themselves or through their predecessors-in-interest, under claims of individual or traditional group ownership, continuously, to the present except when interrupted by war, force majeure or displacement by force, deceit, stealth, or as a consequence of government projects and other voluntary dealings entered into by government and private individuals/corporations, including, but not limited to, residential lots, rice terraces or paddies, private forests, swidden farms and tree lots; c)              Certi¦cate of Ancestral Domain Title — refers to a title formally recognizing the rights of possession and ownership of ICCs/IPs over their ancestral domains identi¦ed and delineated in accordance with this law; d)              Certi¦cate of Ancestral Lands Title — refers to a title formally recognizing the rights of ICCs/IPs over their ancestral lands; e)              Communal Claims — refer to claims on land, resources and rights thereon, belonging to the whole community within a de¦ned territory; f)               Customary Laws — refer to a body of written and/or unwritten rules, usages, customs and practices traditionally and continually recognized, accepted and observed by respective ICCs/IPs; g)              Free and Prior Informed Consent — as used in this Act shall mean the consensus of all members of the ICCs/IPs to be determined in accordance with their respective customary laws and practices, free from any external manipulation, interference and coercion, and obtained after fully disclosing the intent and scope of the activity, in a language and process understandable to the community; h)                          Indigenous Cultural Communities/Indigenous Peoples — refer to a group of people or homogenous societies identi¦ed by self-ascription and ascription by others, who have continuously lived as organized community on communally bounded and de¦ned territory, and who have, under claims of ownership since time immemorial, occupied, possessed and utilized such territories, sharing common bonds of language, customs, traditions and other distinctive cultural traits, or who have, through resistance to political, social and cultural inroads of colonization, non-indigenous religions and cultures, became historically differentiated from the majority of Filipinos. ICCs/IPs shall likewise include peoples