LegislationSource checked
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.
DIGITAL P. 6 / 30
domains and to receive just and fair compensation for any damages which they may sustain as a result of
the project; and the right to effective measures by the government to prevent any interference with,
alienation and encroachment upon these rights;
c) Right to Stay in the Territories. — The right to stay in the territory and not to be removed
therefrom. No ICCs/IPs will be relocated without their free and prior informed consent, nor through any
means other than eminent domain. Where relocation is considered necessary as an exceptional measure,
such relocation shall take place only with the free and prior informed consent of the ICCs/IPs concerned
and whenever possible, they shall be guaranteed the right to return to their ancestral domains, as soon as
the grounds for relocation cease to exist. When such return is not possible, as determined by agreement
or through appropriate procedures, ICCs/IPs shall be provided in all possible cases with lands of quality
and legal status at least equal to that of the land previously occupied by them, suitable to provide for their
present needs and future development. Persons thus relocated shall likewise be fully compensated for
any resulting loss or injury;
d) Right in Case of Displacement. — In case displacement occurs as a result of natural
catastrophes, the State shall endeavor to resettle the displaced ICCs/IPs in suitable areas where they can
have temporary life support systems: Provided, That the 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:
Provided, further, That should their ancestral domain cease to exist and normalcy and safety of the
previous settlements are not possible, displaced ICCs/IPs shall enjoy security of tenure over lands to
which they have been resettled: Provided, furthermore, That basic services and livelihood shall be
provided to them to ensure that their needs are adequately addressed;
e) Right to Regulate Entry of Migrants. — Right to regulate the entry of migrant settlers and
organizations into the domains;
f) Right to Safe and Clean Air and Water. — For this purpose, the ICCs/IPs shall have access to
integrated systems for the management of their inland waters and air space;
g) Right to Claim Parts of Reservations. — The right to claim parts of the ancestral domains which
have been reserved for various purposes, except those reserved and intended for common public welfare
and service; and
h) Right to Resolve Con§ict. — Right to resolve land con§icts in accordance with customary laws
of the area where the land is located, and only in default thereof shall the complaints be submitted to
amicable settlement and to the Courts of Justice whenever necessary.
If your browser cannot display the PDF, use Download original. Original access follows the same document permissions.