2.1.4 Ancestral Domain/Claims

Indigenous cultural communities occupy most areas in the forest.  These communities established ancestral land and domain claims over areas and territories said to be their possession, occupied and utilized since time immemorial.  IPs in the Province includes Ata, Manobo, Dibabawon, Mandaya, Isamal, Mansaka, Mangguwangan and others.  DAO No. 102, Series of 1993, provides the recognition and protection of the right of the indigenous people in their ancestral land and domain and to ensure their economic, social and cultural well-being. 

The enactment of the Indigenous People's Rights Act (IPRA) Law on October 27, 1997 has established the IP's rights and mandates the award of Certificate of Ancestral Domain Claims. The CADC areas can be claimed in the forestland. The CADC areas are exclusive for the ICCs with the following rules:

·        Safeguarding against encroachment

No person who is not a resident of the domain or who does not belong to the claimant community may be given licence or permit to exploit the natural resources in the area without consent of the community expressed in public hearings and consultations.

·        Implementation of government programs within ancestral domain

Government programs under the control of DENR shall only be implemented in an ancestral domain if there is consent from majority of the recognized leaders of the community.

·        Contracts, leases and permits within ancestral domains

Contracts entered into and permits and leases issued by DENR for exploitation of natural resources inside ancestral domain shall remain in force and effect until they expire. All such contracts, leases or permits shall not be renewed except those issued to members of the ICC through its recognized indigenous leaders.

A total of 102 Certificates of Ancestral and Domain Claims (CADC) covering an area of 65,683 hectares have been awarded to 1,656 beneficiaries (Ata-Manobo Tribe) of Talaingod. The said beneficiaries are now benefiting from projects on environmental resource management (e.g. forest tree plantation, mango orchard, rubber plantation, etc.) and livelihood support projects under PAF III Project.

The projects aim to alleviate poverty in the area. As of this date, a total of 922 hectares have been developed into forest tree plantation, fruit orchard and agro-forestry. Of the total 550 IPs involved, 70% (385) are male and 30% (165) are female.

Although public policies provide women the opportunity to gain access and control over the land, women's participation in these projects are only limited to nursery operations (seedling production and maintenance), minimal paper works and other lighter works. This is in view of the fact that men are physically stronger than women in doing the plantation establishment (hauling of seedlings from the nursery to planting site, site preparation, planting and plantation maintenance).

At present, 5 more CADC applications are being processed.