Section 9Sec./Art. 9

Ancestral Lands and Domains. For the purpose of this Act, the following shall govern Ancestral Lands and Domains in the protected area:

(a) The rights of indigenous peoples to their ancestral domains are hereby fully recognized. Traditional property regimes exercised by indigenous cultural communities in accordance with their customary laws shall govern the relationship of all individuals within their communities with respect to all land and resources found within ancestral lands.

(b) Presumptions The following presumptions shall govern, unless proven to be contrary to documented or oral custom by clear and convincing evidence in the proper administrative or judicial proceeding providing due hearing to all parties concerned.

(i) All lands occupied by indigenous cultural communities since time immemorial shall be presumed to be ancestral lands. Rights and obligations within ancestral lands are presumed to be governed by customary law.

(ii) Rights and obligations within ancestral lands governed by customary law are presumed to be held collectively by the community.

(iii) Rights and obligations within ancestral lands proven to be held by individuals under customary law are presumed to be held in trust by such individuals for the whole community.

(iv) The continued practice of traditional and sustainable living shall be sufficient consideration for the State in place of the payment of taxes on ancestral domains.

Owing to differences in cultural and social world views, the provisions of this Act shall be liberally construed in favor of indigenous cultural communities and their members.