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Mandatory Representation of Indigenous Cultural Communities or Indigenous Peoples in Policy - Making Bodies and Other Local Legislative Councils

Section 5, Title I, Preliminary Provisions, NCIP AO 001 series) of DILG MC 2010 - 119: says that "All ICCs/IPs residing with the ancestral domains or resettled communities within the political jurisdiction or boundaries of concerned LGUs may be represented in the local legislative councils of the LGUs exercising jurisdiction over the area. However, in cases where an ancestral domain or resettled community is overlapped by two (2) or more political boundaries of LGUs, only the members of the ICCs/IPs whose residence are covered by the concerned LGU may take part in the selection of IPs mandatory representative for the said LGU".

Section 16, Chapter IV of the RA. No. 8371 (IPRA) provides that:

"The State shall ensure that the ICCs/IPs shall be given mandatory representation in policy-making bodies and other local legislative councils."

Powers, Duties and Functions (Section 8, Title II, NCIP AO No. 001, s., 2009)

The powers, duties and functions of an ICC:IP mandatory representative shall be the same as that of the regular members of local legislative councils as provided in the Local Government Code of 1991. and other applicable laws.

However, ICC/IP mandatory representatives shall focus on the representation of the collective interests of ICCs/ IPs; ensure support for the sustained constitution and operations of the IPCB in their respective areas of jurisdiction; and maintain the development and practice of ICCs/IPs traditional leadership titles and structures, justice systems, conflict resolution institutions, and peace building mechanisms and processes that are compatible with the national legal system and with internationally recognized human rights.

Thus, all Local Chief Executives are hereby directed to strictly observe the mandate of Republic Act No. 8371, specifically, ICC/IP mandatory representation in the local sanggunian, in accordance with the National Guidelines for the Mandatory Representation of Indigenous Peoples in Local Legislative Council.

DILG - NCIP JMC 01 Series of 2011 Guidelines for the Determination of the Minimum Threshold of IP/ICC Population in a Local Government Unit (LGU) to Allow Mandatory Representation in the Local Sanggunians

The total population of an LGU shall be divided by the number of sanggunian members as prescribed in RA7160 and the result/quotient thereof will serve as the minimum number to be met by an IP/ICC population in such LGU to qualify an IMPR for a seat in the sanggunian
If IP/ICC does not meet minimum number as computers above, the IP/ICC land area shall be computed at 5% of the total land area of the LGU
The minimum number mentioned above shall be referred to as the threshold.

NCIP AO 03. 2018 Revised National Guidelines for the Mandatory Representation or Indigenous People’s in Local Legislative Councils and Policymaking Bodies

Where there exists an AD in a given LGU, IP representation is mandatory. The IMPR shall be selected preferentially from qualified owners/rights holders of the AD. ICC/IPs with the jurisdiction of the LGUs who are not co-owners of an AD may participate in the selection or may be selected IPMR provided it is specifically allowed by the duly adopted local guidelines formulated by the owners of the AD.
Where there are no AD, the rule on threshold applies.

Unnumbered Memo 2022.04.06 : National Commission On Indigenous People (NCIP) Memorandum Circular No. 001-2022 And En Banc Resolution No. 2022-09-03-004 Series Of 2022, Entitled: “A Resolution Recognizing The Rights Of Indigenous Cultural Communities / Indigenous Peoples (ICCs/IPs) To Engage In Party-Lists”

Said memorandum states that the NCIP recognizes the rights of the iccs/ips to support party-list organizations or sectors with platforms and/or advocacies furthering the rights of the Indigenous Cultural Communities/Indigenous Peoples (ICCs/IPs).

In addition, the NCIP recognizes the rights of the ICCs/IPs to engage with party-list organizations that may strengthen the ips representation and articulate sectoral concerns in accordance with Republic Act 7941 or the party-list system act in relation to RA 8371 or the Indigenous Peoples Rights Act of 1997.

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