Law Summary
Policy Statement
- Sustainable development and protection of ancestral domains is a manifestation of ICCs/IPs' rights to self-governance.
- ICCs/IPs shall prepare their own Ancestral Domain Sustainable Development and Protection Plan (ADSDPP) based on customary laws and traditions.
Objectives
- Provides guidance for ADSDPP formulation to empower ICCs/IPs.
- Ensures ecological balance, restoration of denuded areas, and IPRA compliance.
- Facilitates Free, Prior and Informed Consent (FPIC) processes.
- Offers checklist for development initiatives and partnerships.
Approaches
- Emphasizes inter-generational responsibility in resource management.
- Rights-Based Approach: aligns development with human and indigenous peoples' rights.
- Holistic/Comprehensive: respects social justice, cultural integrity, and indigenous knowledge systems.
- Community-Driven: ensures ICCs/IPs leadership and full participation.
- Freedom of Initiative/Self-Reliance: allows ICCs/IPs to pursue development at own pace.
- Culture Sensitive: ADSDPP aligns with customs, traditions, and values.
- Gender-Responsive: gender issues integrated in situation analysis and interventions.
- Consultative: involves stakeholders beyond ICCs/IPs.
- Iterative and Strategic: allows adaptive planning with indigenous resource focus.
Operating Principles
- ICCs/IPs have the freedom to decide and prioritize programs/projects.
- Fulfillment of responsibility to future generations is paramount.
- Acknowledges interdependence of ancestral domain resources with social/economic systems.
- Ensures just and equitable sharing of benefits.
- Advocates a comprehensive and holistic approach.
Definitions
- ADSDPP: consolidates ICC/IP plans for sustainable management of land, resources, and cultural development.
- Effectiveness: extent strategies achieve desired results.
- Gender Gap/Issues: disparities and negative social impacts caused by socially constructed gender roles.
Basic Components of the ADSDPP
- Ancestral Domain and Community Situationer: includes natural resource profiles, indigenous resource systems, land ownership, and identification of problems.
- Community Situationer: covers tribal history, socio-cultural and economic status, traditional practices, and potential economic activities.
- Indigenous Knowledge Systems and Practices (IKSPs): documents land use, resource management, cultural transmission, and intellectual property protection.
- Development Needs: highlights problems, capacities, priorities, and resource assessment.
- Development Plans and Programs: includes spatial and sectoral programs for conservation, human resource development, and pollution prevention.
- Implementation Policies and Mechanisms: regulatory instruments, implementation schemes emphasizing IP ownership and accountability, sharing schemes, packaging/marketing, and monitoring & evaluation.
ADSDPP Formulation Process
- Guided by self-determination, participation, and cultural integrity.
- Steps include pre-planning consultations, organization of working group inclusive of traditional leaders and sectors, preparation of work/financial plan.
- Data Gathering and Assessment: participatory baseline surveys, documentation of culture and resources.
- Development Framework Formulation: community vision, goals, priorities, and strategies.
- Interface with Government Policies/Programs: coordination with agencies for alignment and support.
- Identification and Prioritization of Projects/Programs.
- Formulation of Implementation and Management Plan with monitoring tools.
- Presentation, validation, approval by community, submission to NCIP for incorporation in master plans.
Incorporation into Local Government Plans
- Requires submission of ADSDPP to municipal and provincial governments for inclusion in local plans.
- LGUs encouraged to provide financial and technical assistance.
NCIP Support
- Facilitates and documents formulation process.
- Organizes and informs ICCs/IPs about their rights.
- Provides technical assistance through offices.
- Assists in resource tapping and ensuring ADSDPP compliance with duties.
- Ensures incorporation into local plans and function as certification precondition.
Capacity Building
- Develops ICCs/IPs planning and management capabilities.
- Allows agreements between ICCs/IPs and experts with NCIP oversight.
Special Provisions
- Conversion of existing Ancestral Domain Management Plans to ADSDPP allowed.
- Option for certification of ancestral lands for individual members.
- Recognition and protection of migrants' private property while respecting ICCs/IPs rights.
- ADSDPP takes precedence over conflicting plans.
- Traditional resource use governed by customary laws is respected.
- Information confidentiality maintained as community intellectual property requiring FPIC.
- Extractive activities require FPIC.
- Nationwide orientation of guidelines conducted for ICC/IP leaders, NGOs, and NCIP staff.
- Prohibits undue interference in ADSDPP formulation.
- Violations by NCIP personnel or partners are subject to disciplinary, customary, or criminal sanctions.
Final Provisions
- Repeals inconsistent parts of previous administrative order.
- Takes effect 15 days after publication.