ALTERNATIVE TENURIAL LANDS FOR INDIGENOUS TRIBAL PEOPLES

ALTERNATIVE TENURIAL LANDS FOR INDIGENOUS TRIBAL PEOPLES

The Indigenous People’s Republic Act (IPRA) stands as a landmark law, providing the legal foundation for Indigenous Tribal Peoples (ITPs) to claim ancestral lands through the Certificate of Ancestral Domain Title (CADT). However, while the law is sound in principle, the reality is that many ITPs struggle to secure these land titles, leaving them without tenurial rights over the lands they have occupied for generations.

In some cases, applications for CADTs are denied, leaving ITPs in a state of limbo—without legal ownership or security over their homes and resources. This precarious situation calls for an alternative solution, and perhaps local government units (LGUs) can take the lead in facilitating alternative tenurial land applications for ITPs through other legal means.

One potential pathway is through the Integrated Forest Management Agreement (IFMA) or the Indigenous Community Conserved Areas (ICCA) program. Since any entity can apply for these programs—why not assist ITPs in obtaining these tenurial rights as well, even if temporary? The security provided by these arrangements, even for a defined period, would allow indigenous communities to engage in productive activities and establish sustainable livelihoods, while they are waiting for their CADTs to be approved.

In many cases, ITPs already reside in coastal or mountainous regions. Would it not be reasonable to officially grant them legal rights to these lands, using other instruments? Aside from IFMA, there are other programs such as the Community-Based Forest Management Agreement (CBFMA), the Socialized Industrial Forest Management Agreement (SIFMA), and the Special Forest Land Use Agreement (FLAg) that could be leveraged to provide security to ITPs.

LGUs should take the lead in these initiatives by organizing joint efforts with their Indigenous Peoples Mandatory Representatives (IPMRs). As de facto members of Municipal Development Councils (MDCs), IPMRs have a direct line to local governance and can ensure these issues are included in policy discussions—provided the mayor prioritizes them.

If these ideas were put into action, ITPs could actively contribute to sustainable development through reforestation projects and coastal restoration initiatives. The Department of Environment and Natural Resources (DENR), alongside their local offices (PENROs and MENROs), should make this a priority. Furthermore, this could evolve into a Public-Private Partnership (PPP) model, where LGUs work with private entities to fund and implement these initiatives.

The Integrated Forest Management Agreement (IFMA) already provides a structure for sustainable land use. The Community-Based Forest Management Agreement (CBFMA) enables local communities to manage forests while maintaining environmental sustainability. The ICCA program, which focuses on biodiversity conservation through indigenous governance, is another viable option for securing land tenure for ITPs.

With proper implementation, these programs could provide ITPs with much-needed legal security over the lands they occupy while allowing them to contribute to conservation and sustainable development efforts. The challenge lies in organizing and facilitating access to these programs—but with proactive LGUs, this vision can become a reality. It would be good to know if the National Commission for Indigenous Peoples (NCIP) could also weigh in on this idea.

Ramon Ike V. Seneres, www.facebook.com/ike.seneres

iseneres@yahoo.com, 09088877282, senseneres.blogspot.com

05-26-2025

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