Question & AnswerQ&A (BIR REVENUE REGULATIONS NO. 17-2012)
The main purpose of the ADSDPP is to guide Indigenous Cultural Communities/Indigenous Peoples (ICCs/IPs) in sustainable management, development, and protection of their ancestral domains, ensuring their economic, social, and cultural well-being while preserving resources for future generations.
The State recognizes and promotes the rights of ICCs/IPs to their ancestral domains, self-governance, self-determination, and to freely pursue their economic, social, and cultural development without discrimination.
The basic components include: 1) Ancestral Domain and Community Situationer, covering profiles, resources, indigenous practices, and community status; 2) Development Needs of ICCs/IPs; 3) Development Plans and Programs specifying prioritized projects; and 4) Implementation Policies and Mechanisms that ensure effective plan execution.
The ADSDPP adopts a culture-sensitive approach that respects and preserves ICCs/IPs' customs, traditions, values, beliefs, and institutions, ensuring that plans align with their indigenous knowledge systems and cultural identity.
FPIC ensures that any extractive utilization or exploitation of resources within ancestral domains is carried out only with the informed consent of the affected ICC/IP communities, protecting their rights and interests as provided in NCIP AO No. 3, series of 2002.
The NCIP assists ICCs/IPs by facilitating the planning process, providing technical assistance, helping access funding and resources, ensuring ADSDPP compliance with laws, integrating plans into local government development initiatives, and installing mechanisms for certification preconditions.
Suggested mechanisms include clear regulatory instruments for land and resource use, implementation schemes emphasizing community ownership and accountability, benefit and responsibility sharing policies, packaging for funding, and monitoring and evaluation systems overseen by the Council of Elders or special community bodies.
If there is a conflict, the ADSDPP approved by the community takes precedence over other local, municipal, provincial, regional, or national plans, ensuring the ICC/IP community's priorities prevail.
Migrants' private property rights within ancestral domains are respected, but they must also recognize ICC/IP owners' rights. Migrant communities may formulate their own development plans provided these do not negatively impact the ICCs/IPs or infringe on their ancestral domain rights, with FPIC required for expansions.
Any undue interference by persons or groups is prohibited. Violations by NCIP personnel may lead to disciplinary action, and customary law or applicable criminal laws may be enforced against NGOs, IPOs, or others involved in unlawful acts related to the ADSDPP process.