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their claims to specific pieces of land drew the attention of predatory officials and others to such
land and provided opportunities which at times have led to the land being claimed and registered
to other than the traditional landholders, thus eroding community protection. Many indigenous
communities have no trust in government agencies or office holders.
19.
According to the law, ancestral domain claims are to be converted into actual land titles.
The Special Rapporteur was informed that only one certificate of ancestral domains has been so
converted by NCIP in Bakun, to the great disappointment of indigenous communities who
expected the process to be smoother and more efficient.10 One indigenous community in central
Mindanao is struggling to obtain the title to their ancestral domain, currently occupied by the
Central Mindanao University. In the process of claiming this right, various human rights
violations, including physical harassment and threats, have been reported to the Special
Rapporteur.
20.
In some cases, these ancestral domains certificates create tension among indigenous
communities. In San Luis, for instance, two ancestral domains certificates were issued to local
commanders of the Civilian Armed Forces Geographical Units (CAFGUs), an irregular military
formation, by the Department of Environment and Natural Resources (DENR), which led to a
dispute with neighbouring indigenous communities. The Special Rapporteur was informed that
there was no consultation or agreement on issuing these certificates. Therefore some indigenous
peoples perceive that ancestral domains certificates are also being used as land-grabbing
mechanisms by powerful individuals among their members who have access to information,
legal assistance and logistical and political support.
21.
Most indigenous communities and leaders have comparatively poor access to the
ancestral domains certificates system, and lack the skills required to obtain them. Indigenous
peoples are less concerned about title deeds than about actual possession of their traditional lands
and territories inherited from their ancestors.11 Their mistrust of the legal system is bolstered by
their conviction that the interests of private or corporate businesses which have encroached
continuously over the years upon their ancestral domains, are more protected than their own
rights based on land use and occupation from time immemorial. These are lingering social
problems that can lead once more to social and political conflict and even violence if they do not
receive prompt and effective attention.
D. Conflict of laws
22.
The protection of indigenous rights may be hampered, however, by the conflict of laws
between the 1995 Mining Act and IPRA. The right of indigenous peoples to their ancestral
domains and lands and natural resources found therein is in fact limited by section 56 of IPRA,
which provides that property rights within the ancestral domains already existing and/or vested
shall be recognized and respected. Thus, mining companies licensed by the Government under
the 1995 Mining Act continue to operate in these domains despite opposition by indigenous
communities and organizations. Indigenous representatives in the Cordillera region complained
to the Special Rapporteur that the interests of business enterprises under the Mining Act are
better protected than their right to their ancestral lands.