Comparative Legal Analysis of the NIPAS Law
The NIPAS Law and the Indigenous People's Rights Act
NIPAS law the funds to sustain its implementation are very limited. It has no proper source of funding despite the huge role it plays in protecting the environment. In essence, as far as the NIPAS law and the Mining Act of 1995, are concerned, their conflict lies without doubt on the issue as to which areas are open to mining and which area is part of the protected area. In this regard, it is recommended that Section 5, of the NIPAS law be amended and that the criteria of what a PA is, should be properly defined so that if a particular area falls on this criteria there is no more need for Congress to declare it as a PA it will be automatically considered as such. This is to avoid so much dependence on Congress to declare first an area to be considered a PA which will entail so much time and effort, contrary to the mining area which is already declared as such under the Mining Act of 1995. The NIPAS law should also be amended to the effect that another lead government agency should be in charged with its implementation and not the DENR so that conflicts can be avoided. If not, another agency should be tasked with the protection of the environment and the implementation of conservation laws in order to segregate the utilization functions of the DENR as the lead agency from its conservation functions.
The NIPAS Law and the Indigenous Peoples’ Rights Act (Republic Act No. 8371)
Assessment The NIPAS Act was enacted with the objective of creating integrated protected areas within the classification of national parks. The purpose of these integrated areas is for the protection, management and enhancement of biological diversity and to protect the same from destructive human exploitation. On the other hand, the IPRA was enacted in order to recognize, protect and promote the rights of indigenous cultural communities and indigenous people. The IPRA law enforces the 1987 Constitution’s mandate that the State should craft a policy to recognize and promote the rights of indigenous cultural communities (ICCs) and indigenous peoples (IPs) within the framework of national unity and development,43 and “to protect the rights of indigenous cultural communities to their ancestral lands to ensure their economic, social and cultural well-being.”44 The object of the NIPAS Act is the PA that is delineated by the law for the conservation
43 44
Section 22, Article II of the 1987 Constitution. Section 5, Article XII of the 1987 Constitution.
An In-Depth Review of the Nipas Law and Related Statutes on the Establishment and Management of Protected Areas in the Philippines
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