Article 136p. 136

NATURAL RESOURCES AND ENVIRONMENTAL LAWS STATUTES and IMPLEMENTING RULES AND REGULATIONS

Consequently, the State shall ensure that the ICCs/IPs

shall

be

given

mandatory

representation

in

policy-making bodies and other local legislative councils.

Section 17. Right to Determine and Decide Priorities for

Development. - The ICCs/IPs shall have the right to

determine

and

decide

their

own

priorities

for

development affecting their lives, beliefs, institutions,

spiritual well-being, and the lands they own, occupy or

use.

They

shall

participate

in

the

formulation,implementation and evaluation of policies,

plans and programs for national, regional and local

development which may directly affect them.

Section 18. Tribal Barangays. - The ICCs/IPs living in

contiguous areas or communities where they form the

predominant

population

but

which

are

located

in

municipalities, provinces or cities where they do not

constitute the majority of the population, may form or

constitute a separate barangay in accordance with the

Local

Government

Code

on

the

creation

of

tribal

barangays.

Section 19. Role of Peoples Organizations. - The State

shall recognize and respect the role of independent

ICCs/IPs organizations to enable the ICCs/IPs to pursue

and protect their legitimate and collective interests and

aspirations through peaceful and lawful means.

Section 20. Means for Development /Empowerment of

ICCs/IPs. - The Government shall establish the means for

the full development/empowerment of the ICCs/IPs own

institutions and initiatives and, where necessary, provide

the resources needed therefor.

CHAPTER V SOCIAL JUSTICE AND HUMAN

RIGHTS

Section 21. Equal Protection and Non-discrimination of

ICCs/IPs. - Consistent with the equal protection clause of

the Constitution of the Republic of the Philippines, the

Charter of the United Nations, the Universal Declaration

of

Human Rights including the Convention on the

Elimination

of

Discrimination

Against

Women

and

International Human Rights Law, the State shall, with

due recognition of their distinct characteristics and

identity, accord to the members of the ICCs/IPs the

rights, protections and privileges enjoyed by the rest of

the

citizenry.

It

shall

extend

to

them

the

same

employment

rights,

opportunities,

basic

services,

educational and other rights and privileges available to

every member of the society. Accordingly, the State shall

likewise ensure that the employment of any form of

force of coersion against ICCs/IPs shall be dealt with by

law.

The State shall ensure that the fundamental human

rights and freedoms as enshrined in the Constitution

and relevant international instruments are guaranteed

also

to

indigenous

women.

Towards

this

end,

no

provision in this Act shall be interpreted so as to result in

the

diminution

of

rights

and

privileges

already

recognized and accorded to women under existing laws

of general application.

Section 22. Rights during Armed Conflict. - ICCs/IPs have

the right to special protection and security in periods of

armed conflict. The State shall observe international

standards, in particular, the Fourth Geneva Convention

of 1949, for the protection of civilian populations in

circumstances of emergency and armed conflict, and

shall not recruit members of the ICCs/IPs against their

will into armed forces, and in particular, for the use

against other ICCs/IPs; not recruit children of ICCs/IPs

into the armed forces under any circumstance; nor force

indigenous individuals to abandon their lands, territories

and means of subsistence, or relocate them in special

centers for military purposes under any discriminatory

condition.

Section 23. Freedom from Discrimination and Right to

Equal Opportunity and Treatment. - It shall be the right

of

the

ICCs/IPs

to

be

free

from

any

form

of

discrimination,

with

respect

to

recruitment

and

conditions of employment, such that they may enjoy

equal

opportunities

as

other

occupationally-related

benefits, informed of their rights under existing labor

legislation and of means available to them for redress,

not

subject

to

any

coercive

recruitment

systems,

including

bonded

labor

and

other

forms

of

debt

servitude; and equal treatment in employment for men

and

women,

including

the

protection

from

sexual

harassment.

Towards this end, the State shall within the framework of

national laws and regulations, and in cooperation with

the

ICCs/IPs

concerned,

adopt

special measures to

ensure

the

effective

protection

with regard to the

recruitment and conditions of employment of persons

belonging to these communities, to the extent that they

are not effectively protected by the laws applicable to

workers in general.

ICCs/IPs shall have the right to association and freedom

for all trade union activities and the right to conclude

collective

bargaining

agreements

with

employers'

conditions. They shall likewise have the right not to be

subject to working conditions hazardous to their health,

particularly through exposure to pesticides and other

toxic substances.

Section 24. Unlawful Acts Pertaining to Employment. - It

shall be unlawful for any person:

a. To discriminate against any ICC/IP with respect to the

terms and conditions of employment on account of their

descent. Equal remuneration shall be paid to ICC/IP and

non-ICC/IP for work of equal value; and

b. To deny any ICC/IP employee any right or benefit

herein provided for or to discharge them for the purpose

of preventing them from enjoying any of the rights or

benefits provided under this Act.

Section 25. Basic Services. - The ICC/IP have the right to

special

measures

for

the

immediate,

effective

and

continuing improvement of their economic and social

conditions,

including

in

the

areas

of

employment,

vocational training and retraining, housing, sanitation,

health and social security. Particular attention shall be

paid to the rights and special needs of indigenous

women, elderly, youth, children and differently-abled

persons. Accordingly, the State shall guarantee the right

of ICCs/IPs to government 's basic services which shall

include, but not limited to water and electrical facilities,

education, health and infrastructure.

Section 26. Women. - ICC/IP women shall enjoy equal

rights and opportunities with men, as regards the social,

economic, political and cultural spheres of life. The

participation

of

indigenous

women

in

the

decision-making process in all levels, as well as in the

development of society, shall be given due respect and

recognition.

The State shall provide full access to education, maternal

and

child

care,

health

and

nutrition,

and

housing

services to indigenous women. Vocational, technical,

professional

and

other

forms

of

training

shall

be

provided to enable these women to fully participate in all

aspects of social life. As far as possible, the State shall

ensure

that

indigenous

women

have

access to all

services in their own languages.

© 2018 Compiled by RGL

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