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Philippines: NCIP Administrative Order No. 03, Series of 2012, The Revised Guidelines on Free and Prior Informed Consent (FPIC) …
Section 42. Exercise of Traditional Resource-Use Rights.
Gathering, hunting and such other traditional use by
members of the ICC/IP of natural resources found within
their ancestral domain including gathering of rattan and
other forest products for family/personal consumption,
subsistence and livelihood, do not require the conduct of
the FPIC Process as provided in this Guidelines, provided,
that the use shall be limited for the ICC/IPs’ traditional use.
To avoid circumvention or abuse of this provision, the
NCIP shall validate such utilization upon the complaint of
any member of the council of elders/leaders.
Section 43. Objects and Process of Validation. Where
validation is required in the sections 39, 40, 41, and 42 to
determine the consent of the Community, the process shall
be as follows:
(1) The Regional Director, motu proprio or upon receipt of the written request for validation, shall constitute a
team composed of not more than three (3) from the provincial office or CSC, as the case may be, to conduct
a field validation;
(2) The team shall immediately conduct the validation and thereafter submit the appropriate report, prepared
under oath, to the Regional Director within ten (10) days from commencement thereof;
(3) The process of validation shall be done through interviews of elders/leaders and other community
members; and
(4) If the validation yielded positive report, the Regional Director shall within three (3) days, from receipt,
prepare the CP and validation documents to be transmitted to the concerned commissioner for concurrence,
copy furnished ADO. Once concurred, the same shall be endorsed to the Chairperson for confirmation.
Otherwise, the Regional Director shall return the documents to the applicant/petitioner.
Even if an activity is covered under Sections 39, 40, 41, and 42, the NCIP may exercise its injunctive powers
upon a written complaint of any member of the affected community to enjoin the conduct or continued
implementation of the program, project, plan or activity in order to safeguard the rights and interests of the
community. (34a)
http://www.wipo.int/wipolex/en/text.jsp?file_id=414691
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