Department of the Interior and Local Government (DILG) Secretary Eduardo Año ordered on Thursday, April 28, 67 local government units to comply with a law that guarantees seat of Indigenous Peoples from provincial legislative councils down to the barangay level.
Año said he has already instructed the non-compliant LGUs to submit an explanation on why they have disregarded the provisions of the law and the appropriate actions that they are undertaking to ensure that the IPMRs (Indigenous People Mandatory Representatives) are given a seat in the local legislative councils until May 5 this year.
Under the Republic Act (RA) 8371, or the The Indigenous People’s Rights Act (IPRA) of 1997, LGUs are compelled to provide mandatory seats to IPMRs in the Sanggunians (councils) in all levels.
Of the 67 non-compliant LGUs, two are provinces, 14 are municipalities, and 51 barangays.
“Ang mga karapatan ng mga IP ay nasa batas at dapat nating sundin ang batas. Sila ay bahagi ng ating kasaysayan at kultura. Dapat natin silang hayaang lumahok sa ating mga gawaing pangkomunidad at pakinggan ang kanilang panig sa mga usaping pang-LGU (The rights of the IP are mandated under the law and we should follow the law. They are part of our history and culture. We should allow them to participate in our community duties and listen to them in LGU related issues),’’ Año stressed.
According to Año, among the issues on IP representation in the Sanggunians are lack of fund for salaries of IPMR, and non-recognition of IPMRs by higher levels of LGUs.
Section 16 of the IPRA Law states that “the State shall ensure that the ICCs/IPs shall be given mandatory representation in policy-making bodies and other local legislative councils.”
IP representation is also mandated by National Commission on Indigenous Peoples (NCIP) Administrative Order 2021-01, which amends NCIP AO 2018-03 or the Revised National Guidelines for the Mandatory Representation of Indigenous Peoples in Local Councils and Policy-making Bodies.
The DILG chief issued the directive after receiving a letter from NCIP Chairperson Allen Capuyan providing the Department a list of the 67 LGUs with issues on the acceptance of IPMRs as well as a list of 530 other LGUs that are qualified for IPMR representation but still do not have IPMRs.
While the number of LGUs with issues on IP representation has decreased, Capuyan hopes that resistance to IP representation will become “a thing of the past” and the IPRA law will be fully implemented.
IPMR duties and benefits
As members of local legislative councils and policymaking bodies, IPMRs are expected to carry out at all times the collective interests and aspirations of the indigenous cultural community (ICC).
In consultation with the IP leaders/elders or the entire community, they are also tasked to formulate the IP agenda and source financial support for the implementation of the IP agenda.
The IPMRs also sponsor ordinances and resolutions and conduct committee hearings that will promote and protect the well-being and interests of the community and inclusion to the LGU annual budget and projects.
They also coordinate with the NCIP on the implementation of programs and projects, and the conduct of IP census in their area of responsibilities during the first year of their term.
In return, IPMRs receive compensation, benefits and other emoluments similar to those of the regular members of legislative bodies upon the enactment of an ordinance providing for the appropriation of funds for their salaries and other emoluments. (Chito A. Chavez)