Declaration of Policy
- Recognizes past marginalization of ICCs/IPs due to unauthorized developments in ancestral domains.
- Affirms FPIC as an instrument of empowerment and self-determination.
- NCIP exercises visitorial powers to safeguard ICC/IP rights under resource utilization contracts.
- Prohibits issuance or renewal of licenses, concessions, or agreements without NCIP Certification Precondition and FPIC.
Operating Principles
- Consensus and decision-making through indigenous socio-political structures.
- Peace-building via dialogue and consensus in resolving disputes.
- Primacy of cultural integrity: adherence to customs, traditions, and indigenous knowledge systems.
- Right to manage land and resources based on ICC/IP sustainable development plans.
- Primacy of customary law in investigations and FPIC process.
- Priority to ICCs/IPs in development and resource utilization within ancestral domains.
- Sustainable development ensuring present and future welfare.
- Transparency in investigation, consent processes, and issuance of certification.
- Encouragement of inter-agency and NGO collaboration with ICC/IP community consent.
Key Definitions
- ADSDPP: Community-drawn Ancestral Domain Sustainable Development Protection Plan.
- Customary Laws: Indigenous recognized rules, customs, and practices.
- Certification Precondition: NCIP certification verifying application site’s overlap with ancestral domains and compliance with FPIC requirements.
- Free and Prior Informed Consent (FPIC): Collective consent following customary laws, free from coercion, documented in a Memorandum of Agreement.
- Field-Based Investigation: On-site inspection to verify presence of ICCs/IPs or ancestral domains.
- ICCs/IPs: Indigenous groups with continuous community and territorial claims.
- Indigenous Knowledge Systems: Evolved knowledge embodying relationships among people, land, and environment.
- Elders: Respected community members knowledgeable in customs and traditions.
- Self Determination: ICC/IP right to pursue development and control governance.
- Sustainable Traditional Resource Use Rights: Rights to use and conserve natural resources per indigenous knowledge.
Coverage of Activities Requiring FPIC and Certification Precondition
- Commercial exploration and exploitation of natural resources.
- Research on indigenous systems and biological resources.
- Archaeological activities and access to sacred sites.
- Actions affecting ICC/IP spiritual, religious, and cultural practices.
- Displacement or relocation of ICCs/IPs.
- Entry of migrants or entities for business or development in ancestral domains.
- Management of protected or critical environmental areas.
- Government infrastructure and reforestation projects.
- Military occupation and operations with limited exceptions.
- Other analogous activities affecting ancestral domains or ICC/IP rights.
Procedure for Certification Precondition and FPIC
- Application filed first with concerned government agency; endorsement to NCIP required.
- Endorsement includes project details and maps.
- Field-Based Investigation (FBI) within prescribed timeline to confirm ancestral domain overlap.
- FBI team composition and reporting procedures defined.
- If overlap or presence of ICCs/IPs found, FPIC process initiated requiring detailed operation plan from applicant.
- Fixed fees for FBI and FPIC processes with proper documentation and accountability.
FPIC Process Requirements
- Posting and personal service of notices to ICC/IP community elders at least five days before consultations.
- Validation of elders/leaders list through community conventions following customary laws.
- Preliminary consultative meetings involving proponents, NCIP, NGOs, and the community.
- Presentation of project details, costs, benefits, and adverse effects with commitment for mitigation.
- Consensus building by elders through traditional processes without external interference.
- Community Assembly to ratify decision by raising of hands; documentation of voting outcomes and terms.
- Memorandum of Agreement (MOA) drafted reflecting terms, signed by authorized representatives including NCIP as third party.
Issuance of Certificate of FPIC and Certification Precondition
- FPIC given upon signing of MOA in appropriate languages with signatures/thumb marks.
- Scope of consent depends on extent of impact: community, ancestral domain, or multiple domains.
- FPIC is non-transferable except under merger or joint ventures without prejudicing ICC/IP interests.
- Regional Director endorses FPIC certification and supporting documents to NCIP Ancestral Domains Office.
- Certification Precondition issued within 15 working days following procedures.
- Non-consent must be in writing with specific grounds, leading to denial order by NCIP.
Memorandum of Agreement (MOA)
- Embodies agreed terms, benefits, responsibilities, and penalties.
- Includes detailed benefits to ICC/IP communities, protections for rights and the environment.
- Monitoring and evaluation schemes stipulated.
- Signed by ICC/IP authorized elders, proponents’ authorized representatives, and NCIP representative.
Complaint and Enforcement Mechanisms
- Complaints on MOA implementation filed at NCIP Regional Hearing Office with appeal options to Commission en Banc and Court of Appeals.
- Violations may be addressed under customary laws with sanctions consistent with human dignity.
- NCIP may exercise visitorial and injunction powers.
Roles and Responsibilities
- Proponent: Submit proposals, present impacts clearly, pay required fees.
- ICCs/IPs: Determine customary consensus procedures, identify authorized elders/leaders, keep MOA.
- NCIP: Conduct investigations, census, document customs, facilitate FPIC, monitor compliance, and keep records.
Prohibited Acts and Sanctions
- Prohibited acts by applicants include coercion, bribery, armed visits, clandestine negotiations.
- NCIP personnel prohibited from receiving gifts, collusion, negligence.
- ICC/IP community members prohibited from soliciting or accepting bribes.
- Inducements or undue influence by government, NGOs, or other groups prohibited.
- Sanctions include non-issuance or revocation of certificates, disqualification of applicants, administrative or criminal actions.
- Procedures for complaints and possible suspension of proceedings defined.
Waiver of FPIC and Injunction
- Solicited projects by ICC/IP communities without government permits can waive FPIC if majority consent.
- NCIP validates such solicitations against ADSDPP.
- Unauthorized solicitations require FPIC process; injunctions can be issued to halt unauthorized activities.
Final Provisions
- Guidelines applicable to pending applications.
- Contains separability and repealing clauses.
- Effective 15 days after registration.