WHEREAS, the Philippine Constitution furthermore provides that the State shall

Transcription

1 Draft Ordinance WHEREAS, the Philippine Constitution provides that the State shall recognize, respect and protect the rights of Indigenous Cultural Communities/Indigenous Peoples (ICCs/IPs) to preserve and develop their cultures, traditions and institutions and it shall consider these rights in the formulation of national laws and policies; WHEREAS, the Philippine Constitution further provides that the State shall guarantee that members of Indigenous Cultural Communities/Indigenous Peoples (ICCs/IPs), regardless of sex, shall equally enjoy the full measure of human rights and freedoms without distinctions or discriminations; WHEREAS, the Philippine Constitution furthermore provides that the State shall take measures, with the participation of the ICCs/IPs concerned, to protect their rights and guarantee respect for their cultural integrity, and to ensure that members of the ICCs/IPs benefit on an equal footing from the rights and opportunities which national laws and regulations grant to other members of the population; WHEREAS, pursuant to the foregoing policies and in order to recognize, protect, and promote the rights of Indigenous Cultural Communities/Indigenous Peoples (ICCs/IPs), the Philippine Congress, on October 29, 1997, enacted RA 8371, otherwise known as The Indigenous Peoples Rights Act of 1997, thereby providing, among others, the creation of the National Commission of Indigenous People (NCIP); WHEREAS, Section 16 of said RA 8371 provides, among others, that Indigenous Cultural Communities/Indigenous Peoples (ICCs/IPs) have the right to participate fully, if they so choose, at all levels of decision making in matters which may affect their rights, lives, and destinies, and that they shall be given mandatory representation in policymaking bodies and other local legislative councils; WHEREAS, specifically citing the above mentioned statutory provision, the Tribal Council of General Santos City, on October 05, 2010, passed Resolution No. 001, series of 2010, thereby requesting for an office space within City Hall Complex for the Council to occupy in the pursuit of its business, as well as the mandatory representation of indigenous people (IPs) in local legislative councils; WHEREAS, Section 36 of RA 7160, otherwise known as the Local Government Code of 1991, authorizes LGUs, through their LCEs and with the concurrence of the sanggunian concerned, to provide assistance, financial or otherwise, to such people s and non government organizations for economic, socially oriented, environmental, or cultural projects to be implemented within its territorial jurisdiction; WHEREAS, this Sanggunian deems the proposals of Resolution No. 001, series of 2010 passed by the Tribal Council of General Santos City to be worthy of corresponding legislation, thus, hereby seeks to guaranty the involvement and participation of indigenous political structures in local governance by expanding the mandate, among others, of the City Mayor s Office on Cultural Community Affairs; NOW, THEREFORE, on motion of City Councilor Rosalita T. Nuñez, duly seconded by City Councilor(s), be it RESOLVED, as it is hereby resolved, to enact this Ordinance: Indigenous Peoples Ordinance Page 1 of 6

2 SPPO NO AN ORDINANCE ENGAGING INDIGENOUS CULTURAL COMMUNITIES/INDIGENOUS PEOPLES (ICCs/IPs) TO DIRECTLY AND FULLY PARTICIPATE IN LOCAL GOVERNANCE THROUGH POLICY MAKING, AUTHORIZING THE PROVISION OF FUNDS FOR THE EFFICIENT AND EFFECTIVE IMPLEMENTATION HEREOF AND FOR OTHER PURPOSES HON. SHIRLYN L. BAÑAS NOGRALES AUTHOR HON. ROSALITA T. NUÑEZ CO AUTHOR & PRINCIPAL SPONSOR HON. FRANKLIN M. GACAL JR. & HON. RAMON R. MELLIZA SECONDARY SPONSORS Be it ordained by this Sangguniang Panlungsod that: Section 1. Short Title. This Ordinance shall be known as the Indigenous Cultural Communities/Indigenous Peoples (ICCs/IPs) Participation Ordinance of Section 2. Policy Statement. a) The Local Government Unit of the City of General Santos recognizes the right of Indigenous Cultural Communities/Indigenous Peoples (ICCs/IPs) to participate in decision making within the framework of Section 16 of Republic Act Numbered Eighty Three Hundred and Seventy One (RA 8371), which states: Sec. 16. Right to Participate in Decision-Making.-ICCs/IPs have the right to participate fully, if they so choose, at all levels of decision-making in matters which may affect their rights, lives and destinies through procedures determined by them as well as to maintain and develop their own indigenous political structures. Consequently, the State shall ensure that the ICCs/IPs shall be given mandatory representation in policy-making bodies and other local legislative councils. b) Towards this end, the Local Government Unit of the City of General Santos shall institute and establish the necessary mechanisms to guarantee the involvement and participation of indigenous political structures in local governance. Section 3. Definition of Terms. For the purposes of this Ordinance the following terms shall be understood hereinafter to mean as: a. Ancestral Domains subject to Section 56 of RA 8371, refer to all areas generally belonging to ICCs/IPs comprising lands, inland waters, coastal areas, and natural resources therein, held under a claim of ownership, occupied or possessed by ICCs/IPs, themselves or through their ancestors, communally or individually since time immemorial, continuously to the present except when interrupted by war, force majeure or displacement by force, deceit, stealth or as a consequence of government projects or any other voluntary dealings entered into by government and private individuals, corporations, and which are necessary to ensure their economic, social and cultural welfare. It shall include ancestral land, forests, pasture, residential, agricultural, and other lands individually owned whether alienable and disposable or otherwise, hunting grounds, burial grounds, worship areas, bodies of water, mineral and other natural resources, and lands which may no longer be exclusively occupied by ICCs/IPs but from which their traditionally had access to for their subsistence and traditional activities, particularly the home ranges of ICCs/IPs who are still nomadic and/or shifting cultivators. Indigenous Peoples Ordinance Page 2 of 6

3 b. Ancestral Lands subject to Section 56 of RA 8371, refer to land occupied, possessed and utilized by individuals, families and clans who are members of the ICCs/IPs since time immemorial, by themselves or through their predecessors in interest, under claims of individual or traditional group ownership, continuously, to the present except when interrupted by war, force majeure or displacement by force, deceit, stealth, or as a consequence of government projects and other voluntary dealings entered into by government and private individuals/corporations, including, but not limited to, residential lots, rice terraces or paddies, private forests, swidden farms and tree lots. c. Indigenous Cultural Communities/Indigenous Peoples (ICCs/IPs) refer to a group of people or homogenous societies identified by self ascription and ascription by other, who have continuously lived as organized community on communally bounded and defined territory, and who have, under claims of ownership since time immemorial, occupied, possessed customs, tradition and other distinctive cultural traits, or who have, through resistance to political, social and cultural inroads of colonization, non indigenous religions and culture, became historically differentiated from the majority of Filipinos. ICCs/IPs shall likewise include peoples who are regarded as indigenous on account of their descent from the populations which inhabited the country, at the time of conquest or colonization, or at the time of inroads of non indigenous religions and cultures, or the establishment of present state boundaries, who retain some or all of their own social, economic, cultural and political institutions, but who may have been displaced from their traditional domains or who may have resettled outside their ancestral domains. d. Time Immemorial refers to a period of time when, as far back as memory can go, certain ICCs/IPs are known to have occupied, possessed in the concept of owner, and utilized a defined territory devolved to them, by operation of customary law or inherited from their ancestors, in accordance with their customs and traditions. Section 4. Expanding the Mandate of the Indigenous Cultural Communities Affairs Division of the City Mayor s Office. To ensure the efficient and effective involvement and participation of indigenous political structures in local governance pursuant to the pertinent provisions of RA 8371, otherwise known as The Indigenous Peoples Rights Act of 1997 and its Implementing Rules and Regulations, the mandate of the Indigenous Cultural Communities Affairs Division of the City Mayor s Office is hereby expanded and reinforced to, henceforth, include the following: a. To serve as the city s frontline agency under the Office of the City Mayor through which existing indigenous political structures in the city, regardless of religion, creed, or tribal nature, can seek LGU assistance, and to act as medium through which such assistance may be extended equitably among the city s resident ICCs/IPs; b. To render secretariat and other related administrative or technical assistance to include the arrangement of a venue, whenever available, at any function room of the City Mayor s Office for the Tribal Council of General Santos City and other indigenous political structures to make use of during meetings, conventions, and other related affairs to be organized by such groups as well as record and transcribe the proceedings thereof; Indigenous Peoples Ordinance Page 3 of 6

4 c. To coordinate with the National Commission on Indigenous Peoples (NCIP) insofar as implementation of national programs and projects intended for the city s resident ICCs/IPs are concerned; d. To facilitate and, insofar as practicable, manage the provision of special protection and security to the city s resident ICCs/IPs, more especially the elderly, differently abled persons, women and children trapped in between armed conflicts; e. To conduct regular livelihood and wellness training and retraining activities, more especially for the city s resident out of school youth and women ICCs/IPs, and to promote the participation of indigenous women in decision making process in all levels; f. To formulate and propose the implementation of special programs and projects for the economic, social, and cultural development of the city s resident ICCs/IPs and spearhead the delivery of services in the process of its implementation; g. To sponsor, subject to the availability of funds, such other forums or activities geared towards the promotion of the rights and privileges of the city s resident ICCs/IPs pursuant to the pertinent provisions of RA 8371, otherwise known as The Indigenous Peoples Rights Act of 1997 and its Implementing Rules and Regulations; and h. To engage the services and support of other departments of the Local Government Unit of General Santos City or, subject to the availability of funds, employ private consultants as may be required in the pursuit of the foregoing responsibilities, subject further to government accounting and auditing rules and regulations. Section 5. Mandatory Representation of ICCs/IPs in the Sangguniang Panlungsod. There shall be at least one (1) member of the Sangguniang Panlungsod of the City of General Santos who shall represent the voice of the city s inhabitant ICCs/IPs into the local government unit s highest policy making body, subject to the following provisions: a. Beginning the 17 th Sangguniang Panlungsod of the City of General Santos and thereafter, at least one (1) seat thereof shall be reserved for the duly endorsed representative of the city s resident ICCs/IPs, who shall serve as ex officio member of the sanggunian. b. Such representative shall serve a fixed term co terminus with that of the Sangguniang Panlungsod to which said representative belongs, and shall receive the same salary and emoluments, and such other entitlements that sanggunian members receive. c. Said representative shall both represent the Muslim and Non Muslim resident ICCs/IPs of the city, and shall be chosen in accordance with the applicable customs, practices, or bilateral or multilateral concessions or rules of procedure agreed upon by the General Santos City Tribal Council. Indigenous Peoples Ordinance Page 4 of 6

5 d. The General Santos City Tribal Council shall, by virtue of a Resolution duly passed thereby, endorse such chosen representative to the Sangguniang Panlungsod for the latter to be able to officially sit as member thereof. e. Before the said representative s term of office commences, such official shall be duly sworn in and, therefore, by himself, ceremoniously pledge allegiance to the Republic of the Philippines including all laws, rules, and regulations thereof. f. Said representative shall be honored equally as all the other members of the sanggunian and, thereby, exercise all such powers, duties, privileges and responsibilities vested by Republic Act Numbered Seventy One Hundred and Sixty (RA 7160), otherwise known as the Local Government Code of 1991, and all other laws, rules, and regulations to sanggunian members. Section 6. ICC/IP Applicants as First Priority in Hiring Job Order Contracts (JOs). Immediately after this Ordinance shall have become effective, the city s Local Government Unit, in the process of hiring job order contracts (JOs) to augment its personal services to the public, shall give first priority to employment applications submitted by members of ICCs/IPs who possess the qualifications required for such kind of services needed by the LGU or any of its department or division concerned. Section 7. Top Priority for Partner NGOs and POs Serving ICCs/IPs in the Grant of Financial Aid. Immediately after this Ordinance shall have become effective, the city s Local Chief Executive, in the process of appropriating funds and, thereby, granting financial aid or assistance to partner NGOs and POs, shall give top priority to those established and organized primarily for the purposes of delivering various services to ICCs/IPs, provided: that such NGOs and POs have an established track record for effectiveness and acceptability in the community where these organizations are serving, provided further: that such NGOs and POs shall have previously complied with the accreditation requirements set forth under RA 7160, otherwise known as the Local Government Code of 1991, and such other related laws, rules and regulations including government accounting and auditing rules and regulations. Section 8. Funding. a) There is hereby established a Special Fund to be known as the Local ICCs/IPs Fund into which shall accrue all incomes and receipts derived from the process of classifying/converting all lands of public domains found within the city s territorial jurisdiction into ancestral domains and/or ancestral lands including all authorized fees that shall be derived therefrom in the future as a result of its lawful use or administration. b) Such Local ICCs/IPs Fund shall be appropriated exclusively to sustain, augment, or support all necessary expenditures on programs, projects, forums, activities as well as other programs, projects or activities (PPAs) of the City Mayor s Office on Cultural Community Affairs. Indigenous Peoples Ordinance Page 5 of 6

6 c) In the next ensuing fiscal year after this Ordinance shall have become effective, the Local Chief Executive shall cause the appropriation of funds necessary for the City Mayor s Office on Cultural Community Affairs to efficiently and effectively carry out its expanded mandate as provided for under this Ordinance, and to include therein certain maintenance and other operating expenses (MOOE) such as but not limited to representation expenses, supplies expenses, training expenses, scholarship expenses, etc.; personal services expenses or other professional services expenses, capital outlay expenses, and such other necessary operational or program support expenditures. d) Funds necessary to defray the costs of Personal Services and such other similar costs as required for the effective implementation of this Ordinance shall, however, be appropriated immediately into the city s General Fund Annual Budget. Section 9. Penal Provision. Any person who willfully refuses to comply with the provisions of this Ordinance shall be penalized by a fine of Five Thousand Pesos (P5,000.00) without prejudice to the filing of appropriate administrative and/or criminal charges before the proper courts of justice for violation of other applicable laws, rules, and regulations. Section 10. Amendatory Clause. The provisions of previous local enactments, resolutions, memoranda, circulars, and other issuances which are inconsistent with this Ordinance are hereby repealed or modified accordingly. Section 11. Suppletory Clause. The provisions of RA 8371, otherwise known as The Indigenous Peoples Rights Act of 1997 and Administrative Order No. 1, series of 1998, otherwise known as Rules and Regulations Implementing Republic Act No. 8371, Republic Act Numbered Seventy One Hundred and Sixty (RA 7160), otherwise known as the Local Government Code of 1991, including its Implementing Rules and Regulations, insofar as applicable, shall be considered suppletory to this Ordinance. Section 12. Separation Clause. In the event that a provision or some provisions hereof are found or decreed to be invalid or unconstitutional, all other provisions hereof not affected by such pronouncement or decree shall remain to be in full force and effect. Section 13. Effectivity Clause. This Ordinance shall take effect after fifteen (15) days following the completion of its full publication in any newspaper of general circulation within General Santos City. /rtt. (111010) Last Modified: (092513) Indigenous Peoples Ordinance Page 6 of 6