Article 137p. 137

NATURAL RESOURCES AND ENVIRONMENTAL LAWS STATUTES and IMPLEMENTING RULES AND REGULATIONS

Section

27.

Children

and

Youth.

-

The

State

shall

recognize the vital role of the children and youth of

ICCs/IPs

in

nation-building

and

shall

promote

and

protect their physical, moral, spiritual, moral, spiritual,

intellectual and social well-being. Towards this end, the

State shall support all government programs intended

for the development and rearing of the children and

youth of ICCs/IPs for civic efficiency and establish such

mechanisms as may be necessary for the protection of

the rights of the indigenous children and youth.

Section 28. Integrated System of Education. - The State

shall, through the NCIP, provide a complete, adequate

and integrated system of education, relevant to the

needs of the children and Young people of ICCs/IPs.

CHAPTER VI CULTURAL INTEGRITY

Section 29. Protection of Indigenous Culture, traditions

and institutions. - The state shall respect, recognize and

protect the right of the ICCs/IPs to preserve and protect

their culture, traditions and institutions. It shall consider

these rights in the formulation of national plans and

policies.

Section

30.

Educational

Systems.

-

The

State shall

provide equal access to various cultural opportunities to

the ICCs/IPs through the educational system, public or

cultural

entities,

scholarships,

grants

and

other

incentives without prejudice to their right to establish

and control their educational systems and institutions by

providing education in their own language, in a manner

appropriate to their cultural methods of teaching and

learning. Indigenous children/youth shall have the right

to all levels and forms of education of the State.

Section 31. Recognition of Cultural Diversity. - The State

shall endeavor to have the dignity and diversity of the

cultures,

traditions,

histories

and

aspirations of the

ICCs/IPs appropriately reflected in all forms of education,

public information and cultural-educational exchange.

Consequently, the State shall take effective measures, in

consultation

with

ICCs/IPs

concerned,

to

eliminate

prejudice and discrimination and to promote tolerance,

understanding and good relations among ICCs/IPs and

all segments of society. Furthermore, the Government

shall take effective measures to ensure that State-owned

media duly reflect indigenous cultural diversity. The

State

shall

likewise

ensure

the

participation

of

appropriate indigenous leaders in schools, communities

and international cooperative undertakings like festivals,

conferences, seminars and workshops to promote and

enhance their distinctive heritage and values.

Section 32. Community Intellectual Rights. - ICCs/IPs

have the right to practice and revitalize their own

cultural traditions and customs. The State shall preserve,

protect

and

develop

the

past,

present

and

future

manifestations of their cultures as well as the right to the

restitution of cultural, intellectual, religious, and spiritual

property taken without their free and prior informed

consent or in violation of their laws, traditions and

customs.

Section

33.

Rights

to

Religious,

Cultural

Sites

and

Ceremonies. - ICCs/IPs shall have the right to manifest,

practice,

develop

teach

their

spiritual and religious

traditions,

customs

and

ceremonies;

the

right

to

maintain, protect and have access to their religious and

cultural sites; the right to use and control of ceremonial

object; and the right to the repatriation of human

remains.

Accordingly,

the

State

shall

take

effective

measures,

in

cooperation

with

the

burial

sites,

be

preserved, respected and protected. To achieve this

purpose, it shall be unlawful to:

a. Explore, excavate or make diggings on archeological

sites

of

the

ICCs/IPs

for

the

purpose of obtaining

materials of cultural values without the free and prior

informed consent of the community concerned; and

b. Deface, remove or otherwise destroy artifacts which

are

of

great

importance

to

the

ICCs/IPs

for

the

preservation of their cultural heritage.

Section 34. Right to Indigenous Knowledge Systems and

Practices

and

to

Develop

own

Sciences

and

Technologies. - ICCs/IPs are entitled to the recognition of

the full ownership and control and protection of their

cultural and intellectual rights. They shall have the right

to special measures to control, develop and protect their

sciences,

technologies

and

cultural

manifestations,

including human and other genetic resources, seeds,

including

derivatives

of

these

resources,

traditional

medicines and health practices, vital medicinal plants,

animals and minerals, indigenous knowledge systems

and practices, knowledge of the properties of fauna and

flora, oral traditions, literature, designs, and visual and

performing arts.

Section 35. Access to Biological and Genetic Resources. -

Access

to

biological

and

genetic

resources and to

indigenous

knowledge

related

to

the

conservation,

utilization and enhancement of these resources, shall be

allowed within ancestral lands and domains of the

ICCs/IPs only with a free and prior informed consent of

such

communities,

obtained

in

accordance

with

customary laws of the concerned community.

Section 36. Sustainable Agro-Technical Development. -

The State shall recognize the right of ICCs/IPs to a

sustainable agro-technological development and shall

formulate and implement programs of action for its

effective

implementation.

The

State

shall

likewise

promote the bio-genetic and resource management

systems

among

the

ICCs/IPs

and

shall

encourage

cooperation among government agencies to ensure the

successful sustainable development of ICCs/IPs.

Section 37. Funds for Archeological and Historical Sites. -

The ICCs/IPs shall have the right to receive from the

national government all funds especially earmarked or

allocated for the management and preservation of their

archeological and historical sites and artifacts with the

financial

and

technical

support

of

the

national

government agencies.

CHAPTER VII NATIONAL COMMISSION ON

INDIGENOUS PEOPLES (NCIP)

Section 38. National Commission on Indigenous Cultural

Communities /Indigenous Peoples (NCCP). - to carry out

the policies herein set forth, there shall be created the

National Commission on ICCs/IPs (NCIP), which shall be

the primary government agency responsible for the

formulation and implementation of policies, plans and

programs

to

promote

and

protect

the

rights

and

well-being of the ICCs/IPs and the recognition of their

ancestral domains as well as their rights thereto.

Section 39. Mandate. - The NCIP shall protect and

promote the interest and well-being of the ICCs/IPs with

due regard to their beliefs, customs, traditions and

institutions.

Section

40.

Composition.

-

The

NCIP

shall

be

an

independent agency under the Office of the President

and shall be composed of seven (7) Commissioners

belonging to ICCs/IPs, one (1) of whom shall be the

Chairperson. The Commissioners shall be appointed by

the

President

of

the

Philippines

from

a

list

of

recommendees

submitted

by

authentic

ICCs/IPs:

Provided, That the seven (7) Commissioners shall be

© 2018 Compiled by RGL

137 of 244