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Philippines: NCIP Administrative Order No. 03, Series of 2012, The Revised Guidelines on Free and Prior Informed Consent (FPIC) …
on IPRA and the FPIC process; b) Validation FBI report and the area/s affected; c) The Census of
IPs/Migrant IPs/Non-IPs; d) Identification and validation of IP Elders and Leaders; e) Determination of the
Decision-making or consensus-building process/es; f) Consensus on the involvement of NGOs/CSOs; g)
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Validation of the members of the FPIC Team representing the community; h) Presentation of the agreed
WFP; i) Option, selection and invitation of independent expert/s to conduct EIA or give their expert opinions;
j) Arrangements for conflict/dispute resolution mechanisms by the chosen/elected IP Elders/Leaders; k) Date
and place of Second community assembly; and l) Other matters that may be necessary and pertinent.
The Second Community Assembly shall be held on a date and place within the AD decided upon during the
First community assembly. In this assembly, the following shall be taken up or undertaken:
1. Presentation by the applicant of the plan, program, project or activity that it seeks to undertake. The
presentation shall include: a) The Operation Plan and the scope and extent of the proposal; b) The cost and
benefits of the proposal to the ICC/IP and their ancestral domains; c) The perceived disadvantages or
adverse effects to the community; and d) The measures adopted by the applicant to avoid or mitigate these;
2. Sharing by an expert/s, if engaged or invited, to include presentation of the result of the EIA if available,
expert opinion/s on any aspect, recommendation/s, and identification of affected area/s;
3. Remarks or inputs of other stakeholders, e.g. concerned NGAs, LGUs, NGO, IPO;
4. Open forum to give the ICCs/IPs the chance to ask questions and to speak out their concerns relative to
the presentations and the project; and
5. Other important matters that are agreed upon during the assembly.
If it becomes obvious or apparent that there are other ancestral domain/s that are affected, the FPIC process
shall be undertaken in such area/s, either in one process or separately, depending on the obtaining facts and
circumstances and the decision of the people of such affected area/s.
Towards the end of the Second community assembly, the ICCs/IPs shall be left alone to agree on their
decision-making/consensus-building schedules and when to come out with their decision. This activity must
not be undertaken less than ten (10) days from the date of the Second community assembly and must be
completed within a reasonable time but not more than two (2) months thereafter.
Following the Second Community assembly shall be the consensus-building period. This is the period when
the ICCs/ IPs shall proceed to consult among themselves, employing their own traditional consensusbuilding processes, to further understand and discern the merits/advantages and demerits/disadvantages of
the proposal in order to intelligently arrive at a consensus. Except for NCIP representatives who shall
document the proceedings, the applicant and non-members of the IP community are strictly enjoined from
participating in the consensus-building activity or interfering in any manner in the decision making process.
Non-IPs or migrant IPs who are residents of the AD may only participate if allowed by the AD owners in
accordance with their customs and traditions, provided however, that the permission be made in writing and
signed by the authorized elders/leaders.
When the ICCs/IPs are already ready with their decision or consensus, the duly authorized Community
Elders/Leaders shall communicate to the FPIC Team such consensus. If it appears to be favorable, the FPIC
Team shall immediately notify the proponent and the community representatives for the negotiation of the
terms and conditions that shall be embodied in the MOA. Once the parties agree on the terms and
conditions, the MOA is forthwith drafted in the vernacular and English or vice versa. Thereafter, a validation
assembly shall be convened within the AD, at which
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time the MOA provisions shall be explained to the community by the FPIC Team in a language that they
speak and understand. After having understood the contents and implications of the MOA, the community
may confirm the same. After confirmation, the same shall be forthwith signed by the authorized signatories
of both parties. The negotiation of the terms and conditions and the signing by the duly authorized
representatives of the proponent and the ICCs/IPs must be done within the AD. Along with the finalization of
the MOA, the Resolution of Consent of the community shall also be prepared, signed and released.
If the consensus is not favorable, the Resolution of Non-consent shall be prepared, signed and released.
http://www.wipo.int/wipolex/en/text.jsp?file_id=414691
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