MARAWI CITY – In a significant move to transform legally-recognized rights into lived realities, the Federation of Indigenous Sectoral Tribal Councils of the Philippines, Inc. (FISTCOP) is proud to announce the official launch of its IP Legal Assistance (IPLA) Program. This core initiative is designed to directly address the persistent gap between the comprehensive protections offered by the Indigenous Peoples’ Rights Act (IPRA) of 1997 and the institutional weaknesses that often hinder its effective implementation on the ground.
The IPLA Program is FISTCOP’s strategic response to the challenges Indigenous Peoples (IP) face in navigating the legal system. It positions FISTCOP as a vital non-state actor, providing direct facilitation, monitoring, and intervention where governmental mechanisms may be insufficient or compromised.
A Dual Strategy for Justice and Empowerment
The program will operate on a dual strategy of providing both direct legal intervention and long-term community empowerment:
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Direct Legal Support: FISTCOP will establish a legal team to offer direct assistance to IP communities. This includes providing legal representation before regular courts and quasi-judicial bodies, conducting thorough investigations into reported rights violations, and actively campaigning for the harmonization of IPRA with other sectoral laws, such as those governing mining and forestry, to ensure its primacy.
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Community-Based Paralegal Training: A vital component of the program is the training of IP members as community-based paralegals. This initiative aims to build legal self-reliance from within the communities themselves. Trained paralegals will be equipped with the skills to assist their communities in meticulously documenting and reporting rights violations, gathering evidence, and navigating complex legal processes, thereby empowering them to access justice more independently.
Core Areas of Focus
The IPLA Program will concentrate on several critical areas essential to IP self-determination:
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Ancestral Domain/Land Titling Support: FISTCOP will provide crucial legal and technical assistance to communities navigating the often-complex process of applying for and securing Certificate of Ancestral Domain Titles (CADT) and Certificate of Ancestral Land Titles (CALT). This support includes help with documentation, accurate mapping, and ensuring compliance with NCIP requirements.
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Upholding Free and Prior Informed Consent (FPIC): Recognizing FPIC as a cornerstone of IPRA, the program will assist communities in understanding, negotiating, and monitoring FPIC agreements for any proposed projects within their domains. A critical role will be to safeguard against “FPIC fraud” and advocate for stronger enforcement mechanisms to ensure consent is genuinely free, prior, and informed.
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Customary Law and Dispute Resolution: In line with IPRA’s recognition of customary laws, the program will collaborate with communities to meticulously document their traditional justice systems and practices. This documentation is crucial not only for resolving internal disputes in a culturally appropriate manner but also for strengthening CADT applications by providing robust, culturally legitimate evidence of ownership and use.
By launching the IPLA Program, FISTCOP is taking a proactive, pre-emptive approach to rights protection. It is an investment in building lasting legal resilience within IP communities, ensuring they have the tools and knowledge to defend their ancestral lands, preserve their culture, and determine their own futures.