Volume 13 Number 1 - University of the Philippines College of Law

More documents

Recommendations

Info

January - March 2002 National Administrative Register 385 Pursuant to Sections 44 (m), 46(a) 57, 58, 59, and 7 (b) and (c) of R.A. 8371,otherwise known as the Indigenous Peoples Rights Act of 1997, and other related provisions, the following guidelines are hereby promulgated revising NCIP Administrative Order No. 03, Series of 1998, as follows: I. PRELIMINARY PROVISIONS Section 1. Title - These rules shall be known as the Revised Guidelines for FPIC and issuance of Certificate Precondition. Section 2. Objective - These guidelines aim to: a) Ensure community participation in the decision making process in obtaining the Free and Prior Informed Consent of concerned ICCs/IPs; b) Protect the primary rights of ICCs/IPs in the implementation of development projects, programs, activities and other business or profit oriented investments within their ancestral domains to ensure their economic, social and cultural well-being; c) Provide the procedure and the standards in the conduct of field-based investigation, charges of fees, compensation for damages and imposition of administrative sanctions for intentional commission of prohibited acts as hereinafter provided; and d) When FPIC is given, ensure just partnership and equity in the environmental management, land use, development, utilization and exploitation of resources within ancestral domains, between and among the concerned ICC/IP community and the prospective investor, government agency, LGUs, NGOs and other entities desiring to collaborate in such undertaking. Section 3. Declaration of Policy - Inroads into the ancestral domains of ICCs/IPs resulted more often to their disenfranchisement and marginalization. Policies, plans, development programs and projects which may have been prejudicial to the rights and interests of ICs/IPs, and certain harmful or detrimental undertakings or activities have been adopted and implemented within ancestral domains without the consent of concerned ICC/IP communities. Free and prior informed consent, as an instrument of empowerment, enable ICCs/IPs to exercise their right to self-determination. In order to uphold the clear intent and purpose of the law in requiring the precondition of free and prior informed consent of the ICCs/IPs in connection with applications for lease,license, permit, agreement and/or concession to implement and/or operate programs/projects/activities in ancestral domains, it is the policy of the NCIP that the process of securing the FPIC of ICCs/IPs and the corresponding issuance of Certificate Precondition shall be had with utmost regard to the overriding right of the ICC/IP to the management, development, use and utilization of their own land and resources within their ancestral domains and lands as recognized by the State. It shall institute and establish protective mechanisms to enforce and guarantee the realization of that bundle of rights, within the framework of national unity and development. Corollary to this, the NCIP shall exercise its visitorial powers and may take appropriate action to safeguard the rights of the ICCs/IPs under resource utilization contracts. All concerned departments and other government agencies are therefore strictly enjoined not to issue, renew, or grant any concession, license or lease, or enter into any production-sharing agreement, without the certification precondition issued by the NCIP or the concommitant compliance with the requirement of free, prior and informed content obtained from the ICC/IP community.
386 National Administrative Register Volume 13/1 Section 4. Operating Principles - In the implementation of these guidelines, the following principles shall be observed: a) Consensus and Decision- Making Process - The ICCs/IPs shall participate in the decisionmaking processes primarily through their indigenous socio-political structures and they shall likewise affirm the decisions of their representation. b) Peace-Building - In resolving conflicts or disputes affecting or pertaining to indigenous peoples, any determination or decision thereon shall be reached through dialogue and consensus. c) Primacy of Cultural Integrity - Within ancestral domain/lands, the holistic and integrated adherence of indigenous peoples to their respective customs, beliefs, traditions, indigenous knowledge systems and practices, and the assertion of their character and identity as peoples shall assume an important consideration in the decision-making processes required for the issuance of the certification as a pre-condition to applications for lease, license, permit agreement and/or concession to implement or operate programs/projects/activities in ancestral domains to ensure that the culture and traditions of the concerned ICC/IPs are applied or utilized in the process. d) Right to Manage Own Land and Resources as Basis - The right of the ICCs/IPs to manage their own land and resources within their ancestral domains and lands as embodied in their respective plans for the sustainable development and protection of ancestral domains shall be the basis for their decision to give or not to give consent to proposed programs/projects/activities in ancestral domains and/or affecting their rights as a community and as people. e) Primacy of Customary Law - The conduct of field-based investigation and the process of securing the free and prior informed consent shall take into consideration the primacy of customary processes of consensus building. f) Priority in the Development of the Ancestral Domain - The ICC/IPs are five utmost priority in the Management and pursuit of development programs/projects/activities in ancestral domains. In all instances, the ICC/IPs shall have priority in the development, extraction, utilization and exploitation of natural resources within ancestral domains. g) Sustainable Development and Protection - The FPIC, whenever given, shall not have the effect of undermining the requisite of sustainable development and protection of ancestral domains, to ensure the welfare of not only the present but as well as that of the future generations. h) Transparency and Clarity - The process of conducting the field-based investigation, consensus-building and the issuance of the certification precondition (CP) and the free and prior informed consent (FPIC) shall be characterized by transparency not only on the part of the Commission but also on the part of the ICC/IP concerned. It is required therefore, that all issuances, orders, decisions of the Commission relative thereto must be made known to all parties concerned. i) Inter-agency/LGUs and NGO Collaboration and Community Support - The collaboration of other government agencies, local government units, and the involvement and participation
Page 1 and 2:
142 National Administrative Registe
Page 3 and 4:
Page 5 and 6:
Page 7 and 8:
Page 9 and 10:
Page 11 and 12:
Page 13 and 14:
Page 15 and 16:
Page 17 and 18:
Page 19 and 20:
Page 21 and 22:
Page 23 and 24:
Page 25 and 26:
Page 27 and 28:
Page 29 and 30:
Page 31 and 32:
Page 33 and 34:
Page 35 and 36:
Page 37 and 38:
Page 39 and 40:
Page 41 and 42:
Page 43 and 44:
Page 45 and 46:
Page 47 and 48:
Page 49 and 50:
Page 51 and 52:
Page 53 and 54:
Page 55 and 56:
Page 57 and 58:
198 May 2002 June 2002 National Adm
Page 59 and 60:
Page 61 and 62:
Page 63 and 64:
Page 65 and 66:
Page 67 and 68:
Page 69 and 70:
Page 71 and 72:
Page 73 and 74:
Page 75 and 76:
Page 77 and 78:
Page 79 and 80:
Page 81 and 82:
Page 83 and 84:
Page 85 and 86:
Page 87 and 88:
Page 89 and 90:
Page 91 and 92:
Page 93 and 94:
Page 95 and 96:
Page 97 and 98:
Page 99 and 100:
Page 101 and 102:
Page 103 and 104:
Page 105 and 106:
Page 107 and 108:
Page 109 and 110:
Page 111 and 112:
Page 113 and 114:
Page 115 and 116:
Page 117 and 118:
Page 119 and 120:
Page 121 and 122:
Page 123 and 124:
Page 125 and 126:
Page 127 and 128:
Page 129 and 130:
Page 131 and 132:
Page 133 and 134:
Page 135 and 136:
Page 137 and 138:
Page 139 and 140:
280 1165.05 : National Administrati
Page 141 and 142:
Page 143 and 144:
Page 145 and 146:
Page 147 and 148:
Page 149 and 150:
Page 151 and 152:
Page 153 and 154:
Page 155 and 156:
Page 157 and 158:
298 1178.02 : National Administrati
Page 159 and 160:
Page 161 and 162:
Page 163 and 164:
Page 165 and 166:
Page 167 and 168:
Page 169 and 170:
Page 171 and 172:
Page 173 and 174:
Page 175 and 176:
Page 177 and 178:
Page 179 and 180:
Page 181 and 182:
Page 183 and 184:
Page 185 and 186:
326 12. Registration Fees National
Page 187 and 188:
Page 189 and 190:
Page 191 and 192:
Page 193 and 194: 334 National Administrative Registe
Page 243: 384 National Administrative Registe
Page 295 and 296:
Page 297 and 298:
Page 299 and 300:
Page 301 and 302:
Page 303 and 304:
Page 305 and 306:
Page 307 and 308:
Page 309 and 310:
Page 311 and 312:
Page 313 and 314:
Page 315 and 316:
Page 317 and 318:
Page 319 and 320:
Page 321 and 322:
Page 323 and 324:
Page 325 and 326:
Page 327 and 328:
Page 329 and 330:
Page 331 and 332:
Page 333 and 334:
Page 335 and 336:
Page 337 and 338:
Page 339 and 340:
Page 341 and 342:
Page 343 and 344:
Page 345 and 346:
Page 347 and 348:
Page 349 and 350:
Page 351 and 352:
Page 353 and 354:
Page 355 and 356:
Page 357 and 358:
Page 359 and 360:
Page 361 and 362:
Page 363 and 364:
Page 365 and 366:
Page 367 and 368:
Page 369 and 370:
Page 371 and 372:
Page 373 and 374:
Page 375 and 376:
Page 377 and 378:
Page 379 and 380:
Page 381 and 382:
Page 383 and 384:
Page 385 and 386:
Page 387 and 388:
Page 389 and 390:
Page 391 and 392:
Page 393 and 394:
Page 395 and 396:
Page 397 and 398:
Page 399 and 400:
Page 401 and 402:
Page 403 and 404:
Page 405 and 406:
Page 407 and 408:
Page 409 and 410:
Page 411:
show all

Volume 13 Number 1 - University of the Philippines College of Law

Create successful ePaper yourself

Delete template?

Save as template?