Transparency and Limitations on Access
- Adheres to the principle of transparency per Implementing Rules and Regulations of the Indigenous Peoples Rights Act (IPRA), specifically Part V Section 1.
- Allows reasonable limitations due to private ownership of certain documents by Indigenous Peoples (IPs) or Indigenous Cultural Communities (ICCs).
- Requires free and informed consent from IPs/ICCs before releasing their documents.
- Highlights risk of misuse, such as forgery or imitation of CADT, CALT, ADSDPP, or CP.
Document Categories and Conditions on Release
- Original documents cannot be released; only certified or photocopies if original is on file.
- CNOs are issued and validated by the regional office and ethnographic commissioner, ADO only copy-furnished.
- Only registered and approved documents and their supporting papers may be photocopied.
- Unregistered or incomplete documents and plans not officially accepted by ADO are disallowed from reproduction.
Access Rights for Indigenous Peoples and Parties
- IPs have unconditional access to documents related to their CADT/CALT, ADSDPP, or CP, subject to submission of a request form and personal appearance with valid ID.
- Non-IPs who are parties to MOA (Memorandum of Agreement) also have access upon written request.
- Requester bears reproduction costs unless the requesting IP appears personally.
- Documents must be reproduced only under supervision of authorized ADO personnel.
Procedural Requirements for Non-IPs and External Entities
- NCIP personnel may request documents with a letter or request slip signed by a director.
- Other government agencies must have a similar request from a director or equivalent rank.
- Private individuals, organizations, associations, and foreign or government entities not parties to the documents or not IPs/ICCs cannot access documents unless:
- Letter-request with detailed description and valid ID.
- Authorization or attestation of conformity by a legitimate claimant/beneficiary from validated claim/recognition list.
- Endorsement by relevant community service center, provincial or regional officers.
- For CPs, authorization must come from a signatory party of the MOA or the IP/ICC, properly attested.
Security and Integrity Measures
- ADO enforces safeguards to prevent documents from being taken out without authorized personnel present.
- Emphasis on preventing use of documents for unlawful purposes or forgery.
Institutional Authority and Roles
- The ADO issues policies but does not verify or validate Certificates of Non-Overlap.
- Validation and issuance of certain certificates fall within jurisdiction of regional offices or courts.
Adoption and Approval
- Policy guidelines adopted on December 2, 2011.
- Endorsed by the Commissioners and Chairperson of NCIP and attested by the Executive Director and Secretariat.