Do Indigenous People Have Legal Rights to an Ancestral Domain?

Do Ancestral Lands Legally Belong to the Indigenous People?

Understanding the rights of indigenous people to their ancestral domain has long been an issue in the Philippines. In many instances, IPs were forced to leave ancestral lands so the government can build infrastructures. If you’re thinking this is unfair, let’s try to weigh in the rights of the IPs and the government over an ancestral domain that has served as homes to IP communities for the longest time.

​What Is the Indigenous Peoples' Rights Act of 1997?

The Indigenous Peoples’ Rights Act of 1997 states that self-delineation will be the guide in determining and delineating all ancestral domains. In accordance, indigenous people and indigenous cultural communities will help decide in any activities involved in the process. Another important factor in determining traditional territories is the Sworn Statement of the Elders regarding the scope and pacts or any agreements with neighboring IPs or ICCs.
The government, on the other hand, will consider all means to determine which lands or territories the involved IPs or ICCs traditionally occupy. At the same time, the government should assure to protect their rights of possession and ownership. Ancestral domains or lands that IPs or ICCs may own will cover its total environment, including the cultural and spiritual bonds to said areas they occupy, use, and possess, not just its physical environment.

Indigenous Ownership Defined

When it comes to ownership, the indigenous concept refers to ancestral domains being a private but community property of IPs or ICCs. Hence, these ancestral lands belong to all generations and cannot be disposed, sold, nor destroyed. Also covered in the indigenous concept of ownership are the sustainable traditional resource rights of ICCs or IPs.
Simply put, the rights of IPs or ICCs to their ancestral domains include ownership over bodies of water, lands actually and traditionally they occupy, traditional fishing and hunting grounds, sacred places, and any improvements made on the land. They also have the right to develop natural resources under the preexisting property rights in the ancestral lands. The only exception for their right to live within the said territories is when IPs have given their full consent, which is under the power of eminent domain.
In case they will be displaced due to natural catastrophes, they have the right to resettlement in suitable locations. Other rights include the regulation of migrant entry, clean air and safe drinking water, reservations claim, and conflict resolution based on governing customary laws.

Final Thoughts

Indigenous peoples in the Philippines have certain rights to ancestral land ownership that must be respected under the law. More than anything else, they have the right to preserve their roots and continue their legacy through the next generations. If you’re looking for properties with cultural and traditional heritages, check out REALS.PH for our exclusive listings of house for sale in Baguio City. We have a wide array of beautiful homes and modern properties that you will surely consider investing in because why not.